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i ILLINOIS 


DEPARTMENT OF 

Mines and Minerals 
General 

•v' —' 

Information 
and Laws 


Effective July 1, 1919 



JOSEPH C. THOMPSON, 

Director 


SPRINGFIELD 

[Printed by authority of the State of Illinois.] 


TT/a f 

3 / ; 

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Schnepp & Barnes, Printers 
Springfield., III. 

1919 

23196—5M 

fl. of *. 

JAN S (920 



4 i 
*** 




DEPARTMENT OF MINES AND MINERALS. 


Director, Joseph C. Thompson, Springfield. 
Assistant Director, Martin Bolt, Springfield. 

THE MINING BOARD. 

Mine Officers: 

Joseph C. Thompson, Director. 

M. S. Coleman, Harrisburg. 

James Needham, Chicago. 

William Hutton, DuQuoin. 

James Richards, Belleville. 

MINERS’ EXAMINING BOARD. 
Miners' Examining Officers: 

William Hall, President, Springfield. 
William H. Turner, Treasurer, Collinsville. 
John A. Tuttle, Secretary, Harrisburg. 
Joseph C. Viano, Coal City. 

DIVISION OF MINE INSPECTION. 
State Mine Inspectors: - 

Walter A. Waite, Spring Valley. 

William E. Kidd, Peoria. 

Thomas P. Back, Canton. 

Robert F. Back, Springfield. 

Joseph Haskins, Catlin. 

John G. Millhouse, Litchfield. 

W. L. Morgan, East St. Louis. 

Thomas C. Wright, Belleville. 

Frank Rosbottom, DuQuoin. 

John O’Rourke, Benton. 

George Bagwill, Eldorado. 

Henry D. Thompson, Herrin. 





DEPARTMENT OF MINES AND MINERALS. 


I. ORGANIZATION AND MANAGEMENT, 
jf. Executive Officers. 

The Department of Mines and Minerals is com¬ 
posed of the following executive officers: A Director, 
an Assistant Director, a Mining Board consisting of 
four mine officers and the Director of the Department 
and a Miners’ Examining Board of four persons 
designated as miners’ examining officers. (Secs. 4 
and 5, Code.) 

2. Seal. 

Departments are required to adopt and authenti¬ 
cate their acts by an official seal. (Sec. 19, Code.) 

3. Central and Branch Offices. 

Each department is required to maintain a cen¬ 
tral office at the Capitol. Branch offices for the con¬ 
duct of a particular function of the department may 
be established and maintained at other places by the 
director with the approval of the Governor. (Sec. 
17, Code.) 

4. Employees , Civil Service. 

From those who are in the classified civil service 
of the State on July 1, 1917, in the office, board, com¬ 
mission or institution coming under the supervision 
and control of the department, each employee is to 
be assigned to a position in the department, having 
so far as possible duties equal to his former office or 
employment, provided no more are employed than 
are necessary to the proper performance of the func¬ 
tions of the department. (Sec. 24, Code.) 

Departments have power, subject to civil service 
laws, to employ all other necessary employees and 



5 


fix their compensation, when their compensation has 
not been theretofore determined by law. (Sec. 20, 
Code.) 

5. Rules and Regulations. 

It is the duty of the Director to prescribe rules 
and regulations for the government of his depart¬ 
ment, the conduct of its employees, the distribution 
and performance of its business and the custody, use 
and preservation of the property, records and docu¬ 
ments. (Sec. 16, Code.) 

6. Cooperation, Coordination and Efficiency. 

The Director is to devise a practical system of 
cooperation and coordination of the work of the de¬ 
partment to eliminate all duplication and overlap¬ 
ping of functions, and to economize, whenever prac¬ 
ticable, in the use of quarters and equipment. With 
the consent of the superior officer of the employee, 
the Director may require an employee of another de¬ 
partment to perform any duty that is required of his 
own employees. (Sec. 26, Code.) 

7. Moneys, Disposition. 

All State funds or moneys received by a depart¬ 
ment must be turned over to the State treasury 
within ten days of receipt, without any deduction 
whatsoever. (Sec. 27, Code.) 

8. Expenditures. 

Departments are forbidden to make expenditures 
except in consequence of an appropriation duly made 
and upon the warrant of the Auditor of Public Ac¬ 
counts. (Sec. 27, Code.) 

9. Reports. 

In addition to the semi-annual and biennial re¬ 
ports provided for by the constitution, the Director 
is required to make on or before December, annu¬ 
ally to the Governor, and whenever otherwise re- 



9 


quested, written report concerning the condition, 
management and financial transactions of the depart¬ 
ment. (Sec. 25, Code.) 

II. POWERS AND DUTIES. 
tO. Generally. 

This department is by the Civil Administrative 
Code given power to— 

Acquire and diffuse information concerning 
the nature, causes and prevention of mine 
accidents, and the improvement of methods, con¬ 
ditions and equipment of mines with special 
reference to health, safety and the conservation 
of mineral resources; 

Inquire into the economic condition affect¬ 
ing mining, quarrying, metallurgical, clay, oil 
and other mineral industries; 

Promote the technical efficiency of all per¬ 
sons working in and about the mines of the 
State and assist them in better to overcome the 
increasing difficulties of mining, and for that 
purpose to provide bulletins, traveling libraries, 
lecturers, correspondence work, classes for sys¬ 
tematic instruction, or meetings for reading and 
discussion of papers and to that end to cooperate 
with the University of Illinois; 

And generally to discharge the rights, pow¬ 
ers and duties of the former State Mining Board, 
State Mine Inspectors, and Mine Fire Fighting 
and Rescue Station Commission. (Sec. 45, 
Code.) 

11. Mining Board. 

The duties of the re-created Mining Board are 
specifically enumerated by the Code as follows: 

Hold meetings; 

Conduct examinations for and pass upon the 
practical and technological qualifications of the 
personal fitness of inspectors of mines, mine 


10 


managers, mine examiners and hoisting engi¬ 
neers; 

Conduct examinations for inspectors of 
mines the second Tuesday in September annually 
and at such times as may be necessary, and for 
mine managers, mine examiners and hoisting 
engineers at such times and places as will 
afford the best facilities to the greatest number 
of candidates; 

Announce by public notice of the time and 
place of all examinations; 

Prescribe uniform rules, conditions and 
regulations for all authorized examinations; 

Report in writing to the Director the names 
of the successful applicants at the examinations 
for the positions; 

Preserve for a year the written examination 
papers and other documents pertaining thereto, 
and allow inspection thereof by applicants, and 
furnish certified copies to them; 

Remove for statutory reasons inspector of 
mines or cancel certificate of mine manager 
mine examiner or hoisting engineer; 

Supervise, control and direct the State mine 
inspection service. (Sec. 46, Code.) 

The Director is constituted the executive officer 
of the Mining Board and is charged with the duty to 
execute its orders, rules and regulatons and to issue 
certificates of qualification to persons certified. 
(Sec. 47, Code.) 

Under the Fire Fighting Equipment Act, the 
Department of Mines and Minerals is required to— 

Approve chemical fire extinguishers and 
hand-pump buckets required to be provided for 
all mines, underground stables, entries or pas¬ 
sageways. (Sec. 2j, m.) 

By virtue of the Mining Law, the former State 
Mining Board, in addition to the foregoing duties, 
was required to— 


11 


Enforce the provisions of the State Mining 
law (Sec. lb); 

Employ such persons as may be necessary 
for the proper discharge of its powers and duties; 

Prescribe standing or other rules for the con¬ 
trol and direction of its officers. State mine 
inspectors and employees; 

Grant upon proper application and evidence 
permit to operate a second motion engine (Sec. 
2f); 

Preserve the record of names and addresses 
of persons certified (Sec. 3b); 

Issue citation and investigate charges 
against State mine inspectors and remove them 
if charges are true (Sec. 3h); 

Divide the State into twelve inspection dis¬ 
tricts and change the boundaries whenever neces¬ 
sary without changing the number of the dis¬ 
tricts (Sec. 4); 

Furnish the State mine inspectors an 
anemometer, safety lamp and such other instru¬ 
ments, printing matter and supplies as are 
necessary to a discharge of the duties of inspec¬ 
tor (Sec. 5d); 

Require State mine inspectors to make at 
least one personal examination of each mine 
within the district every six months (Sec. 5e); 

Order additional survey of mine to the 
regular annual survey; 

Order a correct survey and map when the 
one made is materially inaccurate or when the 
operator refuses to make survey or map (Sec. 
7j, k); 

Prescribe specifications for all illuminating 
oils or other illuminants used in coal mines 
(Sec. 18); 

Furnish certified copies of papers and docu¬ 
ments to persons interested upon payment or 
tender of such fees as are paid to Circuit Court 


12 


clerks in counties of second class for similar 
services (Sec. 25c); 

Collect, summarize and compile in an an¬ 
nual coal mining report statistical details relat¬ 
ing to coal mining in the State, especially in 
relation to vital, sanitary, commercial and in¬ 
dustrial conditions and to the permanent pros¬ 
perity of the industry (Sec. lb); 

Under the Fire Fighting Equipment Act, the 
former State Mining Board was required to— 

Cancel and revoke certificates of compe¬ 
tency of mine managers who violated said Act 
and have been convicted of such violation 
(Sec. 7b); 

The Oil and Gas Wells Act and the Powder Act 
required the State Mining Board to— 

Keep on file statements and maps, giving 
the location and depth of wells drilled for gas 
or oil required to be filed with the Mining Board 
by section 2 of the Oil and Gas Wells Act; 

Test samples of black powder for specific 
gravity and for moisture content received from 
State Mining Inspectors under section 4 of the 
Powder Act. 

12. State Mine Inspectors. 

State Mine Inspectors, under the Mining law of 
1911, were required to— 

Approve or pass upon the placing of a tem¬ 
porary mine manager or of a mine examiner for 
a period not exceeding twenty-three days (Sec. 
3d, e, g); 

Request of the board of supervisors or 
county commissioners for the appointment of a 
county mine inspector, and petition the county 
court for the appointment of such an inspector 
and an appropriation if the request be not com¬ 
plied with (Sec. 5b); 


13 


Authorize, in writing, county mine inspec¬ 
tors to exercise all of the powers and duties of 
the State Mine Inspector (Sec. 5b); 

Make personal examinations of each mine in 
the district at least once in every six months, 
or oftener if necessary (Sec. 5e); 

Measure and determine the amount of air 
passing in the last cross-cut in each pair of en¬ 
tries in pillar and room mines, in the last room 
of each division in long wall mines, and at the 
inlet and outlet of mines; 

Compare all air measurements with last 
mine examiner’s and mine manager’s report up¬ 
on the mine examination book; 

Observe that the legal code of signals be¬ 
tween the engineer and top and bottom man is 
established and conspicuously posted (Sec. 5f); 

Require the taking of every necessary pre¬ 
caution for the health and safety of workmen 
in the mines; 

Demand observance of provisions and re¬ 
quirements of Mining law (Sec. 5f); 

Take prompt action for the enforcement of 
penalties for violations, etc. (Sec. 5f) ; 

Obtain an order from the circuit court to 
grant permission to enter mine in case of opera¬ 
tor’s refusal to permit inspection (Sec. 5h); 

Post at the landing of mines in a conspic¬ 
uous place a notice stating the number of men 
permitted to ride on the cage and at what rate 
of speed, stating what is necessary for the better 
protection of the miners, and giving the date of 
inspection under his signature (Sec. 5i) ; 

Report in writing to the State Mining Board 
all mine inspections (Sec. 5f) ; 

Test all scales used for the weighing of coal, 
call attention to imperfections, direct overhaul¬ 
ing if necessary, and forbid operation during 
adjustment (Sec. 5j); 


14 


Furnish blanks to operators for statistics of 
wages and conditions of employees (Sec. 5n); 

Order additional survey of mine to the 
regular annual survey; 

order a correct survey and map when the 
one made is materially incorrect or when the 
operator refuses to make survey or map (Sec. 
7j, k); 

Order suitable protection against dangers at 
escapement shafts (Sec. 9d); 

Pass upon the size of refuge places (Sec. 

10j); 

Pass in writing upon the number of safety 
lamps required at each mine (Sec. 13a); 

Order, in writing, the proper quantity of air 
supply for each mine (Sec. 14a, b, 1); 

Approve place of doors, curtains or brattices 
(Sec. 14c); 

Pass upon the location of cross-cuts between 
entries (Sec. 14d); 

Pass upon the location of blind pillars (Sec. 
14e); 

Pass upon the necessity of using safety lamps 
(Sec. 14h); 

Require in writing the placing of an at¬ 
tendant at doors through which less than three 
drivers are hauling coal (Sec. 14k.); 

Sample oils used for illuminating purposes 
and send to State Mining Board a sample of oils 
suspected of being inferior to specifications (Sec. 
18d); 

Order in writing additional mine examiner 
when necessary (Sec. 21a); 

Require mine to be examined for gas at 
shorter intervals than eight hours preceding 
commencement of work by day shift (Sec. 21b); 

Investigate, assist promptly, attend and 
take part at inquest in case of personal injuries 
or loss of life through mine accidents (Sec. 25a. 
b, c); 


15 


Furnish proper blanks to mine operators 
upon which to report deaths and personal in¬ 
juries (Sec. 25a); 

Stop operation of mine and remove offending 
person whenever mine is operated in disregard 
of law (Sec. 29b); 

Annually within sixty days of June 30, re¬ 
port to the Mining Board all acts performed and 
duties discharged within preceding year, and 
recommend appropriate legislation (Sec. 51). 

By the Miners’ Wages Act, the State Mine In¬ 
spector was required to— 

Ascertain whether said Act is violated with 
reference to the manner in which wages are 
paid; 

Institute suit promptly in case of violation 
(Sec. 2). 

Under the Fire Fighting Equipment Act, the 
State Mine Inspector was required to— 

File a sworn complaint against any person 
who violated said Act (Sec. 7e, d). 

By the Explosives and Blasting Act, the State 
Mine Inspector was required to— 

Sample explosives used for blasting purposes 
(Sec. 2); 

Send samples to the United States Bureau 
of Mines to test for content (Sec. 3); 

Approve plans for the construction of maga¬ 
zines for storing of explosives (Sec. 6); 

Under the Powder Act, the State Mine Inspector 
was required to— 

Sample black blasting powder used for 
blasting purposes; 

Send samples to the State Mining Board to 
be tested (Sec. 4); 

The Washrooms’ Act requires the State Mine 
Inspector to— 


16 


Inspect washrooms and report in writing to 
the owner or operator its physical and sanitary 
condition, recommending such changes as may 
be necessary (Sec. 3). 

By the Information Act, the State Mine Inspec¬ 
tor, under the direction of the State Geologist and at 
such times and in such manner as not to interfere 
with his primary duties as inspector of mines, is 
required to— 

Procure a true record of the various strata 
through which coal shafts are sunk, or borings 
of coal, oil, gas or artesian water are made; 

Determine the altitude of the top of said 
shafts or bore holes, above some specified point 
on the nearest railroad, or other readily ascer¬ 
tained elevation; 

Determine the dip of the coal stratum in all 
mines; 

Report results of observations from time to 
time to the State Geologist (Sec. 1). 

IS. Miners' Examining Board.' 

The powers and duties of the Miners’ Examining 
Board are to— 

Hold monthly examinations in at least 
twelve convenient places in the State for persons 
desiring to engage in coal mining; 

Give not less than seven days’ public notice 
of such examinations, designating the time and 
place (Sec. 6); 


1 The Miners’ Examining Board created by the Code 
is to administer in its name, without any direction, super¬ 
vision or control by the Director, or by the Mining 
Board, the act entitled “An Act to provide for the safety 
of persons employed in and about coal mines, and to 
provide for the examination of persons seeking employ¬ 
ment therein, in order that only competent persons may 
be employed as miners, and to create a Board of Ex¬ 
aminers for this purpose, and to provide a penalty for 
the violation of the same, and to repeal” a certain act 
therein named, approved June 27, 1913, and all amend¬ 
ments thereto. (Sec. 48, Code.) 



17 


Collect a fee of $2.00 for miner’s certificates 
and pay same over to the State Treasurer on the 
10th of each month following (Sec. 7); 

Examine under oath applicants as to their 
previous experience as miners (Secs. 8 and 12); 

Issue certificates of competency signed by at 
least two members of the board and sealed with 
its seal, only when an applicant has had two 
or more years practical experience as a miner 
and has answered intelligently and accurately 
at least twelve practical questions concerning 
the requirements and qualifications of a prac¬ 
tical miner; 

Keep an accurate and detailed account and 
public record of the board’s proceedings (Sec. 8); 

Report violations of Act to State’s attorney 
of the proper county (Sec. 11); 

Annually on the first of March report to the 
Governor regarding the work done for the year 
preceding and recommend improved methods for 
holding examinations (Sec. 9). 

1/f. Mine Fire Fighting and Rescue Station 
Commission. 

The Mine Fire Fighting and Rescue Station Com¬ 
mission, under the Rescue Station Act, was required 
to— 

Provide by purchase or acquire through 
gift suitable sites for rescue stations to serve the 
northern, the central, and the southern coal 
fields of the State, and to equip the same (Secs. 
1 and 3); 

Cooperate with operators, miners and Fed¬ 
eral organizations in mine rescue work (Sec. 3); 

Supervise the work at each of the three 
stations; 

Purchase all the necessary supplies; 

Provide for an attendant to be on duty at 
each station night and day; 


Keep an account and record of rescue work 
and expenditures (Sec. 7); 

Biennually report to the Governor concern¬ 
ing mine rescue service performed and money 
expended (Sec. 8). 


19 


LAWS. 


MINING LAW. 2 

An Act to revise the laws in relation to the coal 
mines and subjects relating thereto, and provid¬ 
ing for the health and safety of persons em¬ 
ployed therein. Approved June 6, 1911, in force 
July 1, 1911. L. 1911, p. 388. 

State Mining Board, Appointment, Salary, Powers 
and Duties, Meetings, Examinations, Rules and 
Regulations. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: (a) That the Governor, with the advice and 
consent of the Senate, shall appoint a State Mining 
Board, which shall be composed of five members, two 
of whom shall be practical coal miners, one a prac¬ 
ticing coal mine hoisting engineer, and two coal 
operators. 3 

Powers and duties of board] (b) Said board 
shall be authorized, empowered and required to make 
formal inquiry into and pass upon the practical and 
technological qualifications and personal fitness of 
men seeking appointment as Stale inspectors of 
mines, and of those seeking certificates of com¬ 
petency as mine managers, as hoisting engineers 
and as mine examiners. Said board also shall have 


2 This act is also referred to as the “Mine and Miners’ 
Act.” 

8 Those portions of this section which refer to the 
establishment of a State Mining- Board, its organization, 
and the salary of the members are superseded by the 
provisions of the Civil Administrative code, creating a 
similar Board. 




20 


such other powers and duties as may be prescribed 
by the provisions of this Act, or any other Act re¬ 
lating to coal mining. Said board also shall control 
and direct the State mine inspectors hereinafter 
provided for, in the discharge of their duties, and 
shall have the power and shall in person and through 
the State mine inspectors, see that all the provisions 
of the State mining law are enforced. Said board 
also shall cause to be collected statistical details 
relating to coal mining in the State, especially in 
its relation to the vital, sanitary, commercial and 
industrial conditions, and to the permanent pros¬ 
perity of said industry; and said board shall cause 
such statistical details to be complied and summar¬ 
ized as a report of said State Mining Board, to be 
known as the annual coal report. 

Date and term of appointment.] (c) Their 
appointment shall date from July 1, 1911, and they 
shall serve for a term of two years, or until their 
successors are appointed and qualified. They shall 
also be sworn to a faithful performance of their 
duties. One of the coal operators member of said 
board shall be elected as president and one of the 
coal miners member of said board shall be elected 
as secretary. The board may appoint a chief clerk 
and may employ such other persons as may be 
necessary for the proper discharge of its powers 
and duties; all of whom shall perform such duties 
as may be prescribed by the board from time to 
time, and the board may from time to time also 
prescribe standing and other rules for the control 
and direction of its officers and employees and of 
the State mine inspectors. 

Supplies furnished by secretary of state.] 
(d) The Secretary of State shall assign to the use 
of the board suitably furnished rooms in the State 
House, and shall also furnish whatever blanks, 
blank books, printing, stationery, instruments and 
supplies the board may require in the discharge of 
its duties, and for the use of State mine inspectors. 


21 


Frequency of meetings.] (e) The board shall 
hold such meetings from time to time as may be 
necessary for the proper discharge of its duties. 
The board shall meet at the Capitol on the second 
Tuesday in September of the year 1911, and annually 
thereafter, for the examination of candidates for 
appointment as State inspectors of mines. Special 
examinations also may be held whenever for any 
reason it may become necessary to appoint one or 
more inspectors. 

For the examination of persons seeking certifi¬ 
cates of competency as mine managers, hoisting 
engineers and mine examiners, the board shall hold 
meetings at such times and places within the State 
as shall, in the judgment of the members, afford 
the best facilities to the greatest number of candi¬ 
dates. 

Public notice shall be given through the press 
or otherwise, not less than ten days in advance, an¬ 
nouncing the time and place at which any examina¬ 
tions under this section are to be held. 

Rules of procedure.] (f) The examination 
herein provided for shall be conducted under rules, 
conditions and regulations prescribed by the board. 
Such rules shall be made a part of the permanent 
record of the board, and such of them as relate to 
candidates shall be, upon application of any candi¬ 
date, furnished to him by the board; they shall also 
be of uniform application to all candidates. 

Compensation of members—salary of chief 
clerk.] (g) The members of the State Mining 
Board shall receive as compensation fpr their ser¬ 
vices the sum of five dollars ($5) each per day for 
a term not exceeding one hundred (100) days in 
any one year, and whatever sums are necessary to 
reimburse them for such actual and necessary trav¬ 
eling expenses as may be incurred in the discharge 
of their duties. 

The salary of the chief clerk shall be $2,000 per 
annum, and he shall be reimbursed for any amounts 


22 


expended for actual and necessary traveling ex¬ 
penses in the discharge of his duties. 

All salaries and expenses of the board and of 
its employees shall be paid upon vouchers duly 
sworn to by each and approved by the president of 
the board, or in his absence by the acting president, 
and by the Governor, and the Auditor of Public 
Accounts is hereby authorized to draw his warrants 
on the State treasury for the amounts thus shown 
to be due, payable out of any money in the treasury 
not otherwise appropriated. (Amended by Act ap¬ 
proved June 27, 1913, in force July 1, 1913. L. 1913, 
p. 411.) 

Registration for Examination, Credentials, Qualifica¬ 
tion, Certification, Examination Pavers. 

§ 2. (a) An applicant for any certificate herein 
provided for, before being examined, shall register 
his name with the State Mining Board and file with 
the board the credentials required by this Act, to- 
wit: An affidavit as to all matters of fact establish¬ 
ing his right to receive the examination, and a cer¬ 
tificate of good character and temperate habits, 
signed by at least ten residents of the community 
in which lie resides. 

Examination for inspectors.] (b) Each appli¬ 
cant for a certificate of competency as State Inspec¬ 
tor of Mines shall produce evidence satisfactory to 
the board that he is a citizen of this State, at least 
thirty years of age, that he has had a practical min¬ 
ing experience of ten years, of which at least two 
years shall have been in the State of Illinois, and 
that he is a man of good repute and temperate 
habits; he shall pass an examination as to his prac¬ 
tical and technological knowledge of mine surveying 
and mining machinery and appliances, of the proper 
development and operation of coal mines, of ventila¬ 
tion in mines, of the nature and properties of mine 
gases, of first aid to injured, of mine rescue methods 
and appliances, of the geology of coal measures in 


23 


this State, and of the laws of this State relating to 
coal mines. 

Names certified to the governor.] (c) At the 
close of each examination for inspectors the board 
shall certify to the Governor the names of all candi¬ 
dates who have received a rating above the mini¬ 
mum fixed by the rules of the board as being per¬ 
sons properly qualified for the position of inspector. 

Examination for mine manager.] (d) Each 
applicant for a certificate of competency as mine 
manager shall produce evidence satisfactory to the 
board that he is a citizen of the United States, at 
least twenty-four years of age, that he has had at 
least four years’ practical mining experience, and 
that he is a man of good repute and temperate 
habits; he shall also pass such examination as to 
his experience in mines and in the management of 
men, his knowledge of mine machinery and appli¬ 
ances, the use of surveying and other instruments 
used in mining, the properties of mine gases, the 
principles of ventilation, of first aid to injured, of 
mine rescue methods and appliances, and the legal 
duties and responsibilities of mine managers, as 
shall be prescribed by the rules of the board. 

For mine managers, second class.] (d) Each 
applicant for certificate of competency as mine man¬ 
ager, second class, shall produce evidence satisfac¬ 
tory to the board that he is a citizen of the United 
States, at least twenty-four years of age, that he 
has had at least four years’ practical mining experi¬ 
ence, and that he is a man of good repute and tem- 
perte habits. He shall also submit to and satisfac¬ 
torily pass such an examination as to his experience 
in mines and in the management of men, his knowl¬ 
edge of coal mining, mine ventilation and the min¬ 
ing laws of this State and the required duties and 
responsibilities of second-class mine managers, as 
shall be prescribed by the rules of the board, and it 
shall be unlawful to employ second-class mine man- 


24 


agers, or for them to serve in that capacity at mines 
employing more than ten men. 

Examinations for mine examiners.] (e) Each 
applicant for a certificate of competency as mine 
examiners shall produce evidence satisfactory to 
the board that he is a citizen of the United States, 
at least twenty-one years of age and of good repute 
and temperate habits and that he has had at least 
four years’ practical mining experience. He shall 
pass an examination as to his experience in mines 
generating dangerous gases, his practical and tech¬ 
nological knowledge of the nature and properties of 
fire-damp, the laws of ventilation, the structure and 
use of safety lamps, and the laws of this State relat¬ 
ing to safeguards against fires from any source in 
mines. He shall also possess a knowledge of first 
aid to injured and of mine rescue methods. 

Examination for hoisting engineers.] (f) 
Each applicant for a certificate of competency as 
hoisting engineer shall produce evidence satisfactory 
to the board that he is a citizen of the United States, 
at least twenty-one years of age, that he has had at 
least two years’ experience as fireman or engineer 
of hoisting plant, and is of good repute and tem¬ 
perate habits. He shall pass an examination as to 
his experience in handling hoisting machinery, and 
as to his practical and technological knowledge of 
the construction, cleaning and care of steam boilers, 
the care and adjustment of hoisting engines, the 
management and deficiency of pumps, ropes and 
winding apparatus, and as to his knowledge of the 
laws of this State in relation to signals and the 
hoisting and lowering of men at mines. 

The State Mining Board shall have power to 
grant a permit to operate a second motion engine 
at any mine employing not more than ten men, to 
any person recommended to the board by the State 
Mine Inspector of the district: Provided that the 
applicant for such permit shall have filed with the 
State Mining Board satisfactory evidence that he is 


25 


a citizen of the United States, that he has had at 
least one year’s experience in operating a steam en¬ 
gine and steam boiler and understands the handling 
and care of the same. Such application shall be 
accompanied by a statement from at least three 
persons who will testify from their personal knowl¬ 
edge of the applicant that he is a man of good re¬ 
pute and personal habits, and that he has, in their 
judgment, a knowledge of and experience in hand¬ 
ling boilers and engines as required in this section. 
Such permit shall apply only to the mine for which 
it was issued. 

Examination papers preserved.] (g) There 
shall be written and an oral examination of appli¬ 
cants as may be prescribed by the rules of the board; 
and all written examination papers and all other 
papers of applicants shall be kept on file by the 
board for not less than one year, during which time 
any applicant shall have the right to inspect his said 
papers at all reasonable times; and any applicant 
shall be entitled to certified copy of any or all of 
his said papers upon payment of a reasonable copy 
fee therefor. (Amended by act approved June 28, 
1915, in force July 1, 1915. L. 1915, p. 505.) 

Certificate of Competency, Requisites, Records, Un¬ 
lawful Employment, Temporary Employment, 
Removal of Inspectors, Cancellation of Certifi¬ 
cates. 

§ 3. (a) The certificates provided for in this 
Act shall be issued under the signature and seal of 
the State Mining Board, to all those who receive a 
rating above the minimum fixed by the rules of the 
board; such certificates shall contain the full name, 
age and place of birth of the recipient and the length 
and nature of his previous service in or about coal 
mines. 

Record to be preserved.] (b) The board shall 
make and preserve a record of the names and ad¬ 
dresses of all persons to whom certificates are issued 


26 


Effect of certificates.] (c) The certificates 
provided for in this Act shall entitle the holders 
thereof to accept and discharge at any mine in this 
State, the duties for which they are declared quali¬ 
fied. 

Unlawful to employ other than certified mine 
manager.] (d) It shall be unlawful for the opera¬ 
tor of any coal mine to have in his service as mine 
manager at his mine, any person who does not hold 
a certificate of competency issued by the State Min- 
nig Board of this State: Provided , that whenever 
any exigency arises by which it is impossible for 
any operator to secure the immediate services of a 
certificated mine manager, he may place any trust¬ 
worthy and experienced man of the mine inspection 
district in charge of his mine to act as temporary 
mine manager for a period not exceeding seven days, 
and with the approval of the State Inspector of the 
district, for a further period not exceeding twenty- 
three days. 

Unlawful to employ other than certificated 
mine examiners.] (e) It shall be unlawful for the 
operator of any mine to have in his service as mine 
examiner any person who does not hold a certificate 
of competency issued by the State Mining Board: 
Provided, that any one holding a mine manager’s 
certificate may serve as mine examiner; but in any 
mine employing more than twenty-five (25) men, 
the mine manager shall not act in the capacity of 
mine examiner while acting as mine manager; And, 
lirovided, whenever any exigency arises by which it 
is impossible for any operator to secure the immed¬ 
iate services of a certificated examiner, he may em¬ 
ploy any trustworthy and experienced man of the 
mine inspection district to act as temporary mine 
examiner for a period not exceeding seven days, 
and with the approval of the State Inspector of the 
district, for a further period not exceeding twenty- 
three days. 


27 


Unlawful to employ other than certificated 
hoisting engineer.] (f) It shall be unlawful for 
the operator of any mine to permit any person who 
does not hold a certificate of competency as hoisting 
engineer issued by the State Mining Board, to hoist 
or lower men, or to have charge of the hoisting 
engine when men are underground, except as pro¬ 
vided in section 2, paragraph (f). 

Temporary employment of uncertificated per¬ 
sons not extended.] (g) The employment of per¬ 
sons who do not hold certificates as mine managers 
and mine examiners, shall in no case exceed the 
limit of time specified herein, and the State Inspec¬ 
tor shall not approve of the employment of such 
persons beyond the twenty-three day limit. 

Removal of inspectors.] (h) Upon a petition 
signed by not less than three coal operators, or ten 
coal miners, setting forth that any State inspector 
of mines neglects his duties, or that he is incompe¬ 
tent, or that he is guilty of malfeasance in office, or 
guilty of any act tending to the unlawful injury of 
miners or operators of mines, it shall he the duty 
of the State Mining Board to issue a citation to the 
said inspector to appear before it within a period of 
fifteen days on a day fixed for said hearing, when 
the said board shall investigate the allegations of 
the petitioners; and if the said board shall find 
that the said inspector is neglectful of his duty, or 
is incompetent, or that he is guilty of malfeasance 
in office, or guilty of any act tending to the injury 
of miners or operators of mines, the said board shall 
declare the office of said inspector vacant, and a 
properly qualified person shall be duly appointed, in 
the manner provided for in this Act, to fill said 
vacancy. 

Cancellation of certificates.] (i) The certifi¬ 
cate of any mine manager, hoisting engineer or mine 
examiner, may be canceled and revoked by the State 
Mining Board upon notice and hearing as hereinafter 
provided, if it shall be established in the judgment 


28 


of said board that the holder thereof has become 
unworthy to hold said certificate by reason of viola¬ 
tion of the law, intemperate habits, incapacity, 
abuse of authority or for any other cause: Provided , 
that any person against whom charges or complaints 
are made hereunder shall have the right to appear 
before said board and defend against said charges, 
and he shall have fifteen days’ notice in writing of 
such charges previous to such hearing: Provided 
further, that the board in its discretion may suspend 
the certificate of any person charged as aforesaid, 
pending such hearing, but said hearing shall not be 
unreasonably deferred. (Amended by act approved 
June 28, 1915, in force July 1, 1915. L. 1915, p. 505.) 

Inspection Districts. 

§ 4. The State shall be divided into twelve in¬ 
spection districts, said divisions to be made by the 
State Mining Board. The board may also change 
from time to time the boundaries of said districts, 
in order to more equally distribute the labor and ex¬ 
penses of the several mine inspectors, but this pro¬ 
vision shall not be construed as authorizing the 
State Mining Board to increase the number of dis¬ 
tricts. 

State Mine Inspectors, Appointment; County Inspec¬ 
tors, Appointment; Powers and Duties; Bond; 

Instruments; Examinations; Sealer of Weights; 

Annual Report; Reports by Operators. 

§ 5. (a) From the names certified by the State 
Mining Board, the Governor shall select and appoint 
twelve State mine inspectors; that is to say, one 
inspector for each of the twelve inspection districts 
provided for in this Act; or more, if, in the future, 
additional inspection districts shall be created, and 
their commissions shall be for a term of two years 
from July 1, Provided, the term of any State Mine 
Inspector in office July 1, 1911, shall be extended to 
October 1, 1911: And, provided, any State inspector 


29 


in actual service and good standing and who has 
passed one examination under this Act may be re¬ 
appointed for the next ensuing term, without further 
certification, but shall not be so reappointed more 
than three times: Provided , further , no man shall 
be eligible for appointment as a State inspector of 
mines who has any pecuniary interest in any coal 
mine in Illinois. 

(b) The board of supervisors in counties under 
township organization, or commissioners in counties 
not under township organization, of any county in 
which coal is produced, upon the written request of 
the State Inspector of Mines for the district in which 
said county is located, shall appoint as assistant to 
such State inspector, a county inspector of mines 
who shall work under the direction of such State 
inspector, but no person shall be eligible for ap¬ 
pointment as county inspector who does not hold 
a State certificate of competency as mine manager, 
and the compensation of such county inspector shall 
be fixed by the county board at not less than five 
dollars per day, to be paid out of the county treas¬ 
ury. 

If any county board shall fail or refuse to ap¬ 
point a suitable person as county mine inspector, 
or to make an adequate appropriation for such 
county mine inspector when appointed within ninety 
days after the filing of a written request by the 
State Inspector of Mines in and for the district in 
which such county is located, then the State Mine 
Inspector or chief clerk of the State Mining Board, 
may file a petition verified by oath in the County 
Court of such county, setting forth the condition of 
coal mining in said county which requires the ap¬ 
pointment of such county mine inspector, the request 
in writing as aforesaid by the State Inspector, and 
the failure and refusal by the county board to make 
such appointment or such appropriation as the case 
may be; and the prayer of such petition shall be 
that the judge of such County Court appoint a coun 


30 


ty mine inspector or order the county board to make 
such appropriation; and thereupon such County 
Court shall cause summons to issue, commanding 
the sheriff of the county that he summon the county 
board to be and appear at a term of court therein 
named, returnable as summons in other suits at law, 
and to show cause, if any there be, why such county 
mine inspector should not he appointed as prayed in 
such petition; which summons may be served as 
other summons in which a corporation is defendant; 
which petition and any answer thereto may be set 
down for hearing before such County Court at an 
early date; and if upon such hearing it shall appear 
to the court that sufficient cause has not been shown 
why such county mine inspector should not be ap¬ 
pointed, such court may make a finding accordingly, 
and the judge thereof may make such appointment; 
and the order making such appointment shall be 
entered of record in the cause and the person so ap¬ 
pointed shall act as such county mine inspector until 
the further order of court or until such time, not 
less than one year thereafter, as such county board 
shall have appointed a successor to the person ap¬ 
pointed by the judge of such court, and such suc¬ 
cessor shall have qualified to act; and the judge of 
such court may in his discretion remove the in¬ 
spector by him appointed and appoint a successor, 
and may order the county board from time to time 
to make an adequate appropriation for such county 
mine inspector and shall have power to punish as 
for contempt of court any disobedience to any such 
order. 

An appeal shall lie from any final order of the 
County Court in such proceeding to the Appellate 
Court of the State, but the operation of such order 
shall not thereby be stayed unless by an order made 
and entered by such Appellate Court or some judge 
thereof. 

The State inspector may authorize any county 
inspector in his district to assume and discharge 


31 


all the duties and exercise all the powers of a State 
Inspector in the county for which he is appointed, 
in the absence of a State inspector; but such author¬ 
ity must be conferred in writing and the county 
inspector must produce the same as evidence of his 
powers upon the demand of any person affected by 
his acts; and the bond of said State inspector shall 
be holden for the faithful performance of the duties 
of such assistant inspector. 

Bond.] (c) State inspectors, before entering 
upon their duties as such must take oath of office, 
as provided for by the Constitution and enter into 
a bond to the State in the sum of five thousand 
dollars ($5,000) for State mine inspectors, with 
sureties to be approved by the Governor, conditioned 
upon the faithful performance of their duties in 
every particular, as required by this Act. Said 
bonds, with the approval of the Governor endorsed 
thereon, together with the oath of office, shall be 
deposited with the Secretary of State. 

Instruments.] (d) The State Mining Board 
shall furnish to each of said State inspectors an 
anemometer, a safety-lamp and such other instru¬ 
ments and such blanks, blank-books, stationery, 
printing and supplies as may be required by said 
inspectors in the discharge of their official duties. 
Said instruments and supplies shall be paid for on 
bills of particulars certified by the proper officers 
of the board and approved by the Governor; and the 
Auditor of Public Accounts shall draw his warrants 
on the State treasury for the amounts thus shown 
to be due, payable out of any money in the treasury 
not otherwise appropriated. 

Examination of mines.] (e) State inspectors 
shall devote their whole time and attention to the 
duties of their respective offices. State inspectors 
■hall make a personal examination at least once 
in every six months, or oftener if necessary, of each 
mine in their district in which ten or more men are 
employed. The State Mining Board also may re 


32 


quire State inspectors personally to examine any 
or all other mines in their respective districts. 
Every mine in the State shall be examined at least 
once in every six months by either a State or county 
mine inspector. 

Scope of examination.] (f) Every State inspec¬ 
tor in the regular inspection of mines shall measure 
with an anemometer and determine the amount of 
air passing in the last cross-cut in each pair of 
entries in pillar and room mines, or in the last room 
of each division in long wall mines. He shall also 
measure with an anemometer and determine the 
amount of air passing at the inlet and outlet of the 
mines; and he shall compare all such air measure¬ 
ments with the last report of the mine examiner 
and the mine manager upon the mine examination 
book of the mine. He must observe that the legal 
code of signals between the engineer and top man 
and bottom man is established and conspicuously 
posted for the information of all employees. 

State inspectors also shall require that every 
necessary precaution be taken to insure the health 
and safety of the workmen employed in the mines, 
and that the provisions and requirements of all 
the mining laws of this State are obeyed. 

State inspectors shall render written reports 
of mine inspections made by them to the State Min¬ 
ing Board in such form and manner as shall be re¬ 
quired by the board. State inspectors shall take 
prompt action for the enforcement of the penalties 
provided for violation of the mining laws. 

Authority to enter.] (g) It shall be lawful 
for State inspectors to enter, examine and inspect 
any and all coal mines and the machinery belonging 
thereto, at all reasonable times, by day or by night, 
but so as not to unreasonably obstruct or hinder 
the working of such coal mine, and the operator 
of every such coal mine is hereby required to fur¬ 
nish all necessary facilities for making such exam¬ 
ination and inspection. 


33 


Procedure in case of objection.] (h) If any 
operator shall refuse to permit such inspection or 
to furnish the necessary facilities for making such 
examination and inspection, the inspector shall file 
his affidavit, setting forth such refusal, with the 
judge of the Circuit Court in said county in which 
said mine is situated, either in term time or vaca¬ 
tion, or, in the absence of said judge, with a master 
in chancery in said county in which said mine is 
situated, and obtain an order on such owner, agent 
or operator so refusing as aforesaid, commanding 
him to permit and furnish such necessary facilities 
for the inspection of such coal mine, or he adjudged 
to stand in contempt of court and punished accord¬ 
ingly. 

Notices to be posted.] (i) The State inspector 
shall post in some conspicuous place at the top of 
each mine inspected by him, a plain statement 
showing what in his judgment is necessary for the 
better protection of the lives and health of persons 
employed in such mine; such statement shall give 
the date of inspection and be signed by the inspec¬ 
tor. He shall post a notice at the landing used by 
the men, stating what number of men will be per¬ 
mitted to ride on the cage at one time and the rate 
of speed at which men may be hoisted and lowered 
on the cages. 

Sealer of weights.] (j) State inspectors are 
hereby made ex officio sealer of weights and measures 
in their respective district, and as such are em¬ 
powered to test all scales used to weigh coal at coal 
mines. Upon the written request of any .mine owner 
or operator, or of ten coal miners employed at any 
one mine, it shall be the duty of the inspector to 
test any scale or scales at such mine against which 
complaint is directed, and if he shall find that they 
or any of them do not weigh correctly, he shall call 
the attention of the mine owner or operator to the 
fact, and direct that said scale or scales be at once 
overhauled and readjusted so as to indicate only true 


34 


and exact weights, and he shall forbid the further 
operation of such mine until such scales are ad¬ 
justed. In the event that such tests shall conflict 
with any test made by any county sealer of weights, 
or under and by virtue of any municipal ordinance 
or regulation, then the test by such mine inspector 
shall prevail. 

Test weights.] (k) For the purpose of carry¬ 
ing out the provisions of this Act, each State inspec¬ 
tor shall be furnished by the State with a complete 
set of standard weights suitable for testing the ac¬ 
curacy of tract (track) scales and of all smaller 
scales at mines, said test weights to be paid for on 
bills of particulars, certified by the Secretary of 
State and approved by the Governor. Such test 
weights shall remain in the custody of the inspector 
for use at any point within his district, and for any 
amounts expended by him for the storage, transpor¬ 
tation or handling of the same, he shall be fully 
reimbursed upon making entry of the proper items 
in his expense voucher. 

Inspectors’ annual reports.] (1) Each State 
Inspector of Mines shall, within sixty days after 
June 30 of each year, prepare and forward to the 
State Mining Board a formal report of his acts dur¬ 
ing the year in the discharge of his duties, with any 
recommendations as to legislation he may deem 
necessary on the subject of mining, and shall collect 
and tabulate upon blanks furnished by said board all 
desired statistics of mines and miners within his 
district to accompany said annual report. 

Reports to be published.] (m) On the receipt 
of said inspectors’ reports the chief clerk of the 
State Mining Board shall compile and summarize 
the same, to be included in the report of said board, 
to be known as the annual coal report, which shall, 
within four months thereafter, be bound, printed 
and transmitted to the Governor for the information 
of the General Assembly and the public. The print¬ 
ing and binding of said reports shall be provided 


35 


for by the Commissioners of State Contracts in like 
manner and in like numbers as they provide for the 
publication of other official reports to the Governor. 

Reports by operator.] (n) Every coal operator 
shall, within thirty days after June 30 of each year, 
furnish to the State Mine Inspector of the district, 
on blanks furnished by him prior to said June 30, 
statistics of the wages and conditions of their em¬ 
ployees as required by law. The failure of any in¬ 
spector to forward to the State Mining Board his 
formal report, as provided in paragraph one (1) 
hereof, or the failure of any coal operator to furnish 
to the State Mine Inspector of the district the statis¬ 
tics provided for herein, shall be adjudged a mis¬ 
demeanor and be subject to a fine of $100. (‘Amended 
by Act approved June 28, 1915; in force July 1, 1915; 
L. 1915, p. 505.) 

Pay of Inspectors. 

§ 6. Repealed by implication. (See Civil Admin¬ 
istrative Code.) 

Maps and Plans, Copies, Surveys, Abandoned Mines, 

Penalty. 

§ 7. (a) The operator of every coal mine in the 
State shall make, or cause to be made, an accurate 
map or plan of such mine, drawn to a scale not 
smaller than 200 feet to the inch. All measure¬ 
ments shall be in feet and decimals of a foot. On 
such maps shall appear the name of the State, 
county and township in which the mine is located, 
the designation of the mine, the name of the com¬ 
pany or owner, the certificate of the mining engineer 
or surveyor as to the accuracy and date of the 
survey, the north point and the scale to which the 
drawing is made. 4 

4 The provision requiring the making of mine maps in 
aid of the regulation of mines is within the constitutional 
power of the legislature to establish police regulations 
for the operation of mines. Daniels v. Hilgard (1875), 
77 Ill. 640. 



36 


Surface survey.] (b) Such map or plan shall 
accurately show the surface boundary lines of the 
coal rights pertaining to each mine, and all sections 
or quarter-section lines or corners within the same: 
the lines of town lots and streets; the tracks and 
side-tracks of all railroads, and the location of all 
wagon roads, rivers, streams, ponds, location and 
depth of holes drilled for oil, gas or water that pene¬ 
trate a workable coal seam, and the elevation above 
the coal seam of any stream or body of water that 
might endanger the mine. 

Underground survey.] (c) For the underground 
workings, said maps shall show all shafts, slopes, 
tunnels or other openings to the surface or to the 
workings*of a contiguous mine; all excavations, en¬ 
tries, rooms and cross-cuts; the location of the fan 
or furnace and the direction of the air currents; the 
location of pumps, hauling engines, engine planes, 
abandoned works, fire walls and standing water; and 
the outcrop line of the seam, if any, on the property. 

The general outline of all areas in which pillars 
have been drawn shall be indicated on the map. 

Each underground map also shall show, in feet 
and decimals thereof, the elevation of the floor of 
the coal at reasonable intervals on the main entries 
and cross entries from the bottom of the shaft to the 
face of the workings; such elevations shall be re¬ 
ferred to the floor of the coal at the bottom of the 
hoisting shaft. 

Map for every seam.] (d) A separate and simi¬ 
lar map, drawn to the same scale, shall be made of 
each and every seam, which, after the passage of 
this Act, shall be worked in any mine, and the maps 
of all such seams shall show all shafts, inclined 
planes or other passageways connecting the same. 

Seperate maps for the surface.] (e) A sep¬ 
arate map also shall be made of the surface when¬ 
ever the surface buildings, lines or objects are so 
numerous as to obscure the details of the mine work¬ 
ings if drawn upon the same sheet with them, and 


37 


in such case the surface map shall be drawn on 
transparent cloth or paper, so that it can be laid 
upon the map of the underground workings, and 
thus indicate the relation of lines and objections on 
the surface to the excavations of the mine. 

The dip.] (f) Each map shall also show by 
profile drawing and measurements, in feet and deci¬ 
mals thereof, the rise and dip of the seam from the 
bottom of the shaft in either direction to the face 
of the workings. 

Copies for inspectors and recorders.] (g) The 
original or true copies of all such maps shall be 
kept in the office at the mine, and one true copy 
thereof shall be furnished to the State inspector of 
mines for the district in which said mine is located, 
and one shall be filed in the office of the recorder 
of the county in which the mine is located, within 
thirty days after the completion of the same. The 
maps so delivered to the inspector and to the re 
corder shall remain in the custody of said inspector 
and recorder during their respective terms of office, 
and be delivered by them to their successors in 
office. They shall be kept at the office of the in¬ 
spector and of the recorder, and be open to the ex¬ 
amination of all persons interested in the same, but 
such examination shall be made only in the pres¬ 
ence of the inspector or the recorder. Neither the 
inspector nor the county recorder shall permit any 
copies of the same to be made without the written 
consent of the operator or the owner of the property. 

The county recorder shall properly index such 
map as part of the title record of the property af¬ 
fected. 

A copy of each map and extensions to the same 
shall be furnished the mine rescue station commis¬ 
sion for use in connection with rescue work only. 

Annual surveys.] (h) An extension of the last 
preceding survey of every mine in active operation 
shall be made once in every twelve months prior 
to July 1, of every year, and the results of said 


38 


survey, with the date thereof shall be promptly 
and accurately entered upon the original maps and 
all copies of the same, so as to show all changes in 
plan or new work in the mine, and all extensions 
of the old workings to the most advanced face or 
boundary of said workings which have been made 
since the last preceding survey. The State inspector, 
the county recorder and the rescue station commis¬ 
sion shall be furnished with a copy of the said ex¬ 
tended map or df the extensions to said map. 

Abandoned mines.] (i) When any coal mine is 
worked out or is about to be abandoned or indefi¬ 
nitely closed, the operator of the same shall make, 
or cause to be made, a final survey of such mine; 
to show the entire worked-out area when the mine 
was closed, and the results of the same shall be duly 
extended on all maps of the mine and copies thereof 
herein required to be filed. The shaft, slope or drift 
openings into any such abandoned mine shall be 
kept securely enclosed. 

Special survey.] (j) The State inspector of 
mines, or the State Mining Board, may order a sur¬ 
vey to be made of the workings of any mine in ad¬ 
dition to the regular annual survey, the results to 
be extended on the maps of the same and the copies 
thereof, whenever the safety of the workmen, un¬ 
lawful injury to the surface, unlawful encroachment 
upon adjoining property, or the safety of an ad¬ 
joining mine requires it. 

If the State inspector of mines or the State 
Mining Board shall believe any map required by 
this Act is materially inaccurate or imperfect, the 
State inspector or State Mining Board is authorized 
to make, or cause to be made, a correct survey and 
map at the expense of the operator, the cost recover¬ 
able as for debt, provided if such test surveys shows 
the operator’s map to be correct, the State shall be 
liable for the expense incurred, payable in such 
manner as other State accounts incurred by the 
State Mining Board. 


39 


Penalties for failure.] (k) If an operator of 
any mine refuses or wilfully neglects, for a period 
of three months, to furnish the said State inspector, 
the county recorder and the manager of the rescue 
stations the map or plan of such mine, or a copy 
thereof, or of the extensions thereto, as provided for 
in this Act, such operator shall be deemed guilty of 
a misdemeanor, and on conviction thereof shall be 
fined not less than ten dollars nor more than one 
hundred dollars, in the discretion of the court, and 
shall stand committed to the county jail until such 
fine is paid, and, in addition thereto, the State in¬ 
spector or State Mining Board is hereby authorized 
to make, or cause to be made, an accurate map or 
plan of such mine at the expense of the operator 
thereof; and the cost of the same may be recovered 
by law from the operator in the same manner as 
other debts by suit, in the name of the State in¬ 
spector or the State Mining Board, and for his or 
its use, and copies of the same shall be filed by him 
or the board, one each with said recorder and Mine 
Rescue Commission. (Amended by Act approved 
June 28, 1915; in force July 1, 1915; L. 1915, p. 505. 

Sinking Shafts, Inspection. 

§ 8. (a) Any shaft or other opening in process 
of sinking, or driving, for the purpose of mining 
coal, shall be subject to the inspection of the State 
inspector of mines for the district in which said 
shaft or opening is located. 

(b) Over every shaft that is being sunk or shall 
hereafter be sunk, there shall be a safe and sub¬ 
stantial structure to support sheaves or pulley ropes 
at a height not less than 15 feet above the tipping 
place. The landing platform of such shaft shall be 
so arranged that material can not fall into the shaft 
while the bucket is being emptied or taken from the 
hoisting rope. If provisons are made to land a 
bucket on a truck, said truck and platform shall be 
so arranged that material can not fall into the shaft. 


40 


(c) Rock or coal shall not be hoisted except in 
a bucket or on a cage when men are in the bottom 
of the shaft; and said bucket or cage must be con¬ 
nected to the hoisting rope by a safety hook, clevis 
or other safety attachment. The rope shall be fas¬ 
tened to the side of the drum and not less than 
three coils of rope shall remain on the drum. In 
shafts over 100 feet in depth, suitable provision 
shall be made to prevent the bucket from swinging 
while being lowered or hoisted, and guides provided 
for this purpose shall be maintained at a distance 
of not more than 75 feet from the bottom of the 
shaft. 

(d) An efficient brake shall be attached to the 
drum of the engine used for hoisting in shaft sink¬ 
ing, and the drum shall be provided with a flange 
on each end not less than 4 inches in height. 

(e) Not more than four persons shall be low¬ 
ered or hoisted in or on a bucket in a shaft at one 
time, and no person shall ride on a loaded bucket. 

(f) All blasts in shaft sinking shall be ex¬ 
ploded by electric battery. 

(g) Provisions shall also be made for the 
proper ventilation of shafts while being sunk. 

(h) No one but a certificated hoisting engineer 
shall be in charge of the hoisting engines while a 
shaft is being sunk. 

Escapement Shafts, Cages, Stairways and Passage¬ 
ways, Adjacent Mines, Communication, Number 

of Employees. 

§ 9. (a) For every coal mine in this State, 
whether worked by shaft, slope or drift, there shall 
be provided and maintained, in addition to the hoist¬ 
ing shaft, or other place of delivery, an escapement 
shaft or opening to the surface, or an underground 
communicating passageway with a contiguous mine, 
so that there shall be at least two distinct and avail¬ 
able means of egress to all persons employed in such 
coal mines. 


41 


Distant from main shaft.] (b) In mines sunk 
after the passage of this Act, the first escapement 
shaft shall be separated from the main shaft by 
such extent of natural strata as may be agreed upon 
by the inspector of the district and the owner of the 
property, but the distance between the main shaft 
and the escapement shaft shall not be less than 500 
feet nor more than 2,000 feet: Provided, that in 
mines employing ten (10) men or less the distance 
between the hoisting shaft and the escapement shaft 
shall not be less than two hundred and fifty (250) 
feet. 

Unlawful to employ more than ten men.] (c) 
It shall be unlawful to employ underground, at any 
one time, more men than in the judgment of the 
inspector are necessary to complete speedily the con¬ 
nections with the escapement shaft or adjacent mine; 
and said number must not exceed ten men at any 
one time for any purpose in said mine until such 
escapement or connection is completed. 

The time allowed for completing such escape¬ 
ment shaft or making such connections with an 
adjacent mine, as is required by the terms of this 
Act, shall be three months for shafts 200 feet or less 
in depth, and six months for shafts less than 500 
feet and more than 200 feet, and nine months for all 
other mines, slopes or drifts, or connections with 
adjacent mines. The time to date in all cases from 
the hoisting of coal from the hoisting shaft: Pro¬ 
vided, that in mines employing ten (10) men or less, 
the time for completing the escapement shaft shall 
not be more than six months from the time of hoist¬ 
ing coal. 

Stairways or cages.] (d) The escapement shaft 
at every mine opened after the passage of this Act 
shall be equipped with a substantial stairway, set 
at an angle not greater than forty-five degrees, which 
shall be provided with hand rails and with platforms 
or landings at each turn of the stairway: Provided. 
that all coal mines more than two hundred (200) 


42 


feet in depth, opened on or after July 1, 1919, the 
escapement shaft shall be equipped with both a cage 
and stairway; Provided, further, that if the coal mine 
is equipped with a stairway in the main shaft, no 
stairway shall be required in the escapement shaft. 

If any escapement shaft, at the time of the pas¬ 
sage of this Act, be equipped with a cage for hoisting 
men, such shaft, cage and all equipment used in con¬ 
nection therewith must conform to the requirements 
of this Act in reference to the hoisting and lowering 
of men. 

Where an escapement way is connected to a com¬ 
partment in which coal is hoisted in such manner 
that men using the escapement way are endangered 
by falling coal or by themselves falling into such 
hoisting compartment, the State Mine Inspector shall 
have power to order suitable protection against such 
dangers. 

Passageways to escapement.] (e) Such escape¬ 
ment shaft or opening or communication with a con¬ 
tiguous mine as aforesaid, shall be constructed in 
connection with every seam of coal worked in such 
mine, and all passageways communicating with the 
escapement shaft or place of exit, from the main 
hauling ways to said place of exit, shall be main¬ 
tained free of obstruction at least 5 feet high and 5 
feet wide. Such passageways must be so graded and 
drained that it will be impossible for water to ac¬ 
cumulate in any depression or dip of the same in 
quantities sufficient to obstruct the free and safe 
passage of men. No passageway to an escapement 
shaft shall pass through a stable. At all points where 
the passageway to the escapement shaft or other place 
of exit is intersected by other roadways or entries, 
conspicuous signboards shall be placed indicating the 
direction it is necessary to take in order to reach 
such place of exit. 

Communications with adjacent mines.] (f) 
When operators of adjacent mines have, by agree¬ 
ment, established underground communications be- 


43 


tween said mines as an escapement outlet for the 
men employed in both, the intervening doors shall 
remain unlocked and ready at all times for imme¬ 
diate use. 

When such communication has once been estab¬ 
lished between contiguous mines, the operator of 
either shall not close the same without the consent of 
the operator of the contiguous mine and of the State 
inspector for the district: Provided, that when either 
operator desires to abandon mining operations the 
expense and duty of maintaining such communica¬ 
tion shall devolve upon the party continuing the 
operations and using the same. (Amended by Act 
approved June 28, 1915, in force July 1, 1915. L. 1915, 
p. 505. 

Gates, Lights, Hoisting Equipment, Brakes, Flanges. 
Rope Fastenings, Indicator, Signals, Gauges, 
Safety Valves, Boiler Inspection, Run-around, 
Refuge Places, Obstructions, Inspection. 

§ 10. (a) The upper and lower landing at the 
top of each shaft, and the opening of each inter¬ 
mediate seam from or to the shaft, shall be kept 
clear and free from loose materials, ana shall be pro¬ 
tected with automatic or other gates, such gates to 
be of good, serviceable construction for the purpose 
for which they are designed, namely, to prevent 
either men or materials from falling into the shaft. 
At the top landing cage supports, where necessary, 
must be carefully set and adjusted so as to securely 
hold the cage when at rest. 

Lights on landings.] (b) Whenever the hoist¬ 
ing or lowering of men occurs before daylight or 
after dark, or when the landing at which men take 
or leave the cage is at all obscured by steam or 
otherwise, there must always be maintained at such 
landing a light sufficient to show the landing and 
surrounding objects distinctly. Likewise, as long as 
there are men underground in any mine the oper¬ 
ator shall maintain a good and sufficient light at 


44 


the bottom of the shaft thereof, so that persons 
coming to the bottom may clearly discern the cage 
and objects in the vicinity. 

Hoisting equipment.] (c) Every shaft in which 
men are hoisted and lowered must be equipped with 
a cage, or cages, fitted to guide-rails running from 
the top to the bottom. Said cages must be safely 
constructed; they must be furnished with sheet- 
metal covers adequate to protect persons riding 
thereon from falling objects; they must be equipped 
with safety catches. Every cage on which persons 
are carried must be fitted with iron bars or rings in 
proper place and sufficient number to furnish a 
secure hand-hold for every person permitted to ride 
thereon. There shall be attached to every cage on 
which men are, or may be, hoisted or lowered, a 
horn or other device with which signals can be given 
on the cage. Hoisting ropes when socketed at the 
cage shall be cut off and resocketed at least once 
each six months and a notice shall be posted in the 
engine room giving the date when the rope was in¬ 
stalled and when resocketed. 

(d) In connection with every hoisting engine 
used for hoisting or lowering of men there shall be 
provided as follows: 

Brake on dSum.] (1) A good and sufficient 
brake on the drum, so adjusted that it may be oper¬ 
ated by the engineer without leaving his post at the 
levers. 

Flanges.] (2) Flanges attached to the sides of 
the drum, with a distance when the whole rope is 
wound on the drum of not less than 4 inches between 
the outer layer of rope and the greatest diameter 
of the flange. 

Rope fastenings.] (3) One end of each hoist¬ 
ing rope shall be well secured on the drum, and at 
least three laps of the same shall remain on the 
drum when the cage is at rest at the lowest caging 
place in the shaft. 


45 


The lower end of each rope shall be securely 
fastened to the cage by suitable sockets and chains. 

Indicator.] (4) An index dial or indicator that 
plainly shows the engineer at all times the true 
position of the cages in the shaft. 

Signals.] (e) At every mine when men are 
hoisted and lowered by machinery there shall be 
provided means of signaling to and from the bottom 
man, the top man and the engineer. The signal 
system shall consist of a tube, or tubes, or wire en¬ 
cased in wood or iron pipes, through which signals 
shall be communicated by electricity, compressed air 
or other pneumatic devices, or by ringing a bell. 
When compressed air or other pneumatic devices 
are used for signaling, provision must be made to 
prevent signal from repeating or reversing. The 
following signals shall be used at mines where 
signals are required: 

From the bottom to the top: One ring or whistle 
shall signify to hoist coal or the empty cage, and 
also to stop either when in motion. 

Two rings or whistles shall signify to lower 
cage. 

Three rings or whistles shall signify that men 
are coming up or going down; when return signal is 
received from the engineer the men shall get on the 
cage and the proper signal to hoist or lower shall 
be given. 

Four rings or whistles shall signify to hoist 
slowly, implying danger. 

Five rings or whistles shall signify accident in 
the mine and a call for a stretcher. 

Six rings or whistles shall signify hold cage 
perfectly still until signaled otherwise. 

From top to bottom, one ring or whistle shall 
signify: All ready, get on cage. 

Two rings or whistles shall signify: Send away 
empty cage. 

Provided , that the operator of any mine may, 
with the consent of the inspector, add to this code of 


46 


signals in his discretion. The code of signals in use 
at any mine shall be conspicuously posted at the top 
and at the bottom of the shaft, and the engine room 
at some point in front of the engineer when stand¬ 
ing at his post. 

Gauge.] (f) Every boiler shall be provided with 
a glass water gauge and not less than three try 
cocks and also a steam gauge, except that where 
two or more boilers are equipped with a steam drum 
properly connected with the boilers to indicate .the 
steam pressure and without any valves between said 
boilers and the steam drum, the steam gauge may 
be placed in said steam drum; and other steam 
gauge shall be attached to the steam pipe in the 
engine house, each to be placed in such a position 
that the engineer and the fireman can readily see 
what pressure is being carried. Such steam gauges 
shall be kept in good order and adjusted and be 
tested as often, at least, as every six months. 

Safety valves.] (g) Every boiler shall be pro¬ 
vided with a safety valve with weights or springs 
properly adjusted, except that where two or more 
boilers are equipped with a steam drum properly 
connected with the boilers to indicate the steam pres¬ 
sure and without any valves between said boilers 
and the steam drum, the safety valve may be placed 
in said steam drum. 

Inspection of boilers.] (h) All boilers used in 
generating steam in and about coal mines or sink¬ 
ing shafts shall be kept in good order, and the oper¬ 
ator of every coal mine where steam boilers are in 
use shall have said boilers thoroughly examined and 
inspected by a competent boilermaker or other quali¬ 
fied person, not an employee of said operator, as 
often as once in every six months, and oftener if the 
mine inspector shall so require in writing, and the 
result of every such inspection shall be reported on 
suitable blanks to said mine inspector. 

Run-around at bottom.] (i) At every under¬ 
ground landing where men enter or leave the cage 


47 


and where men must pass from one side of the cage 
to the other there shall be a safe passageway, free 
from obstruction and dry as possible, around the 
shaft not less than three feet wide for the use of 
men only; and animals or cars shall not be taken 
through such passageway while men are passing or 
desirous of passing through such passageway. 

Refuge place on shaft bottom.] (j) A refuge 
place or places for men coming out at the close of 
the day’s work shall be provided off the main bot¬ 
tom of cageroom in shaft mines, at a place or places 
and of such size as shall be approved by the State 
Mine Inspector. Such place or places shall be not 
more than 400 feet from the shaft, where men are 
hoisted, and shall be kept free from loose material. 
When leaving such refuge places to be hoisted out, 
the men shall be governed by the rules of the mine. 

Obstructions in shaft.] (k) No accumulation 
of ice or obstructions of any kind shall be permitted 
in any shaft in which men are hoisted or lowered; 
nor shall any dangerous gases or steam be discharged 
into said shaft in such quantities or at such times 
as to interfere with the safe passage of men. All 
surface or other water which flows therein shall be 
conducted by rings or otherwise to receptacles pro¬ 
vided for the same in such manner as to prevent 
water from falling upon men while passing into or 
out of the mine or while in the discharge of their 
duties about the shaft bottom. 

Inspection.] (1) All shafts by which men enter 
or leave the mine, and the passageways leading 
thereto, or to the works of a contiguous mine used 
as an escapement shaft shall be carefully examined 
throughout at least once each week that the mine 
is operating and the date and findings of such an 
examination entered promptly in the books kept at 
the mine for that purpose. A daily visit to the 
bottom of all such escapement shafts shall be made 
by the mine examiner, and if obstructions to the 
free passage of men are found, their location and 


48 


nature shall be stated in such report. Such ob¬ 
structions shall be promptly removed. (Amended by 
Act approved June 28, 1915, in force July 1, 1915. 
L. 1915, P. 505. 

Buildings, Explosives, Engine and Boiler House. 

§ 11. (a) After the passage of this Act, all build¬ 
ings and structures erected over a shaft, slope or 
drift mouth, and within one hundred (100) feet of 
the same shall be of metal, rock, clay, cement, clay 
or cement products, or a combination of the same. 
All fan houses, tops of air and escape shafts and fan 
drifts shall also be constructed of the above men¬ 
tioned materials or a combination thereof. In con¬ 
nection with above construction, wood may be used 
only for floors, windows, doors, or the frames for the 
same: Provided, that this paragraph shall not apply 
to mines employing ten (10) men or less. 

Oil and other explosives.] (b) No oils or sim¬ 
ilarly inflammable materials shall be stored within 
one hundred (100) feet of any hoisting or escapement 
shaft, nor in any mine. 

All lubricating oil used in coal mines shall be 
contained in closed receptacles. In the mine, oil 
shall not be heated over a fire or lamp. 

All explosive materials shall be stored in a fire¬ 
proof magazine located on the surface not less than 
500 feet from all other buildings in connection with 
the mine, and such magazine shall be so placed as 
not to jeopardize the free and safe exit of men from 
the mine in case of an explosion at the magazine. 

Engine and boiler-house.] (c) Any building 
erected after the passage or this Act, for the purpose 
of housing the hoisting engine or boilers at any mine, 
shall be substantially fireproof, and no boiler-house 
shall be nearer than sixty feet to the main shaft or 
other opening, or to any building or inflammable 
structure connecting therewith. (Amended by Act 
approved June 27, 1913, in force July 1, 1915. L. 1915, 
p. 411. 


49 


Top and Bottom Man, Gages, Speed Regulations, Exits. 

§ 12. (a) At every shaft where men are hoisted 
or lowered by machinery, the operator shall station 
at the top and at the bottom of such shaft a compe¬ 
tent man who shall be and is hereby charged with the 
duty of attending to signals, and is empowered to 
preserve order and enforce the rules governing the 
carriage of men on cages. Said top man and bottom 
man shall be at their respective posts of duty at least 
half an hour before the hoisting of coal begins in the 
morning, and remain for half an hour after the hoist¬ 
ing ceases for the day. 5 

Speed of cages and other regulations.] (b) 
Cages on which men are riding shall not be lifted nor 
lowered at a rate of speed greater than six hundred 
feet per minute, except with the written consent of 
the inspector. No person shall carry any tools, tim¬ 
ber or other materials with him on any cage in mo¬ 
tion, except for use in repairing the shaft, and no 
one shall ride on a cage containing either a loaded 
or empty car. No cage having an unstable or self¬ 
dumping platform shall be used for the carriage of 
men or materials, unless the same is provided with 
some device by which said platform can be securely 
locked, and unless it is so locked whenever men or 
materials are being conveyed thereon. No coal shall 
be hoisted in any shaft while men are being lowered 
therein. 

Rights of men to come out.] (c) Whenever 
men who have finished their day’s work, or have been 
prevented from further work, shall come to the bot¬ 
tom to be hoisted out an empty cage shall be given 
them for that purpose, unless there is an available 
exit by slope or stairway in an escapement shaft, and 


6 Under a similar provision of a former act, the mine 
owner or operator was regarded as owing a duty to 
maintain the bottom man and sufficient light at the 
bottom of the shaft to members of the night shift enter¬ 
ing into the mine within thirty minutes after the hoisting 
for the day shift had ceased. Brunnworth v. Kerens- 
Donnewald Coal Co. (1913), 260 Ill. 202,, 216. 



50 


providing there is no coal at the bottom ready to be 
hoisted. In case of injury or bona fide illness, a man 
shall be given a cage at once. 

Safety Lamps, Regulations. 

§ 13. (a) At every mine in this State, the opera¬ 
tor shall provide and keep in condition for use not 
less than two safety lamps and shall provide and 
keep as many more as may be required in writing by 
the State mine inspector. Davy lamps shall not be 
used for any purpose except testing. 

(b) All safety lamps shall be the property of the 
operator and when not in use shall remain in the 
custody of the mine manager or other competent 
person designated by him, who shall clean, fill, trim, 
examine and deliver same locked and in safe con¬ 
dition to the men when they enter the mine, or at 
some underground station designated by the mine 
manager for that purpose. He shall also receive the 
lamps from the men when they leave the mine or as 
they pass the underground lamp station at the end 
of their shift. 

The persons to whom lamps are thus given shall 
be responsible for the condition and proper use of 
the safety lamps while in their possession, and their 
return to the lamp station. 

No safety lamps shall be given to any person for 
use in a mine nor shall any person use a safety lamp 
in a mine until said person has given evidence satis¬ 
factory to the mine manager that he understands the 
proper use thereof and the danger of tampering with 
the same. 

(c) No person except one duly authorized by the 
mine manager shall have in his possession in any 
part of the mine where locked safety lamps are used, 
any matches or other means of producing fire, or any 
lamp-key or other instrument usable for the opening 
of a locked safety lamp. Any person violating the 
provisions of this section shall be guilty of a mis- 


51 


demeanor and punishable as hereinafter provided 
relating to misdemeanors under this Act. 

(d) Electric lamps which will not ignite ex¬ 
plosive gases may be used instead of safety lamps for 
purposes for which safety lamps are required in this 
Act except for testing for explosive gas. 

V entilation. 

§ 14. (a) At every coal mine there shall be pro¬ 
vided, supplied and maintained an amount of air 
which shall not be less than one hundred (100) 
cubic feet per minute for each person, and not less 
than five hundred (500) cubic feet per minute for 
each animal in the mine, measured at the foot of 
the downcast and of the upcast; except that in gas¬ 
eous mine there shall be not less than one hundred 
and fifty (150) cubic feet of air per minute for each 
person in the mine. The inspector shall have power 
by order in writing to require these quantities to be 
increased. 

(b) The main current of air shall be so split or 
subdivided as to give a separate current or reason¬ 
ably pure air to every 100 men at work, and the in¬ 
spector shall have authority to order, in writing, 
separate currents for smaller groups of men, if, in 
his judgment, special conditions render it necessary. 

(c) Doors, curtains or brattices shall be placed 
at such places as may be designated by the mine 
manager, subject to the approval of the State In¬ 
spector, to conduct into the working places an 
amount of air sufficient to render the working places 
reasonably free from deleterious air of every kind. 

(d) Away from the pillar for the mine bottom, 
cross-cuts between entries shall be made not more 
than sixty feet apart without permission of the State 
Inspector of the district and then only in case of 
“faults.” When such consent is given, brattice or 
other means must be provided within sixty feet of 
the face to convey the air to the working place until 
a cross-cut is opened up. 


52 


When undercut or sheared, the entry, cross-cut 
and room-neck may be advanced concurrently, but 
not more than one cutting shall be shot in the room- 
neck until the cross-cut is finished; and after the 
entry has advanced fifteen feet beyond the location 
of the new cross-cut, only one shot shall be fired in 
the entry to two in either or both the cross-cut and 
room-neck at the same shooting time. 

When not undercut or sheared, the entry and 
cross-cut may be advanced concurrently, but no room 
shall be opened in advance of the last open cross-cut, 
and after the entry has advanced fifteen feet beyond 
the location of a new cross-cut only one shot shall be 
fired in the entry to two in the cross-cut at the same 
shooting time. 

Not more than three shots shall be exploded at 
one shooting time ahead c* the last open cross-cut. 

(e) After the taking effect of this Act, the first 
cross-cut between all rooms off any entry shall not 
be more than sixty (60) feet from the rib of the 
entry. Additional cross-cuts shall not be more than 
sixty (60) feet apart: Provided, however, that if in 
any mine the conditions are such that in the judg¬ 
ment of the duly accredited representative of the de¬ 
partment of mines and minerals, expressed in writ¬ 
ing, it is considered equally safe and more advantag¬ 
eous to leave a blind pillar between not less than 
every three rooms, the department of mines and min¬ 
erals shall have power to grant the authority to leave 
said pillar subject to review by the department of 
mines and minerals on formal complaint of the rep¬ 
resentative of either party in interest and after an 
open hearing. 

(f) All cross-cuts connecting inlet and outlet air 
courses, except the last one nearest the face, shall be 
closed with substantial stoppings to be made as 
nearly air-tight as possible. In the making of the 
air-tight partitions or stoppings, no loose material 
or refuse shall be used. 


53 


Cross-cuts between rooms, except the one nearest 
the face, shall be closed sufficiently to carry to the 
working places the amount of air required by law. 

(g) All possible care and diligence shall be ex¬ 
ercised in the examination of working places, espe¬ 
cially for the investigation and detection of explo¬ 
sive gases therein, ana where found, such gas shall 
be removed by a special current of air produced by 
bratticing or from a pipe, before men are permitted 
to work in such places with other lights than safety 
lamps. 

(h) If, in any mine, the conditions are such that 
in the judgment of the mine manager or the judg¬ 
ment of the State Mine Inspector expressed in writ¬ 
ing, it is necessary to use safety lamps only in work¬ 
ing said mine, other lights shall not be used therein: 
Provided, however, that if in the opinion of the 
miners or operators, an injustice has been done by 
ordering said mine to use safety lamps only, the 
miners or operators have a right to appeal to the 
Department of Mines and Minerals, its decision in 
the case to be final. 

(i) The air from the outlet of the stable shall 
not pass into the intake air current used for venti¬ 
lating the working parts of the mine. 

(j) All doors in mines, used in guiding and di¬ 
recting the ventilating currents shall be hung and 
adjusted so as to close automatically. 

(k) At all doors through which three or more 
drivers are hauling coal on any one shift, an at¬ 
tendant shall be employed on said shaft [shift] for 
the purpose of opening and closing said doors when 
trips of cars are passing to and from the workings: 
Provided, the mine inspector in case of specially 
dangerous conditions, shall have power to require in 
writing that an attendant be placed at doors through 
which less than three drivers shall pass. Places for 
shelter shall be provided at such doorways to protect 
the attendants from being injured by the cars while 
attending to their duties: Provided, that in any or 


54 


all mines, where doors are constructed in such a 
manner as to open and close automatically, attend¬ 
ants and places for shelter shall not be required. 

(l) If the inspector shall find men working 
without the amount of air required by law, he shall 
at once notify the mine manager to increase the 
amount of air in accordance with the law. Upon 
the failure or refusal of the manager to act promptly, 
and in all cases where men are endangered by such 
lack of air, the inspector shall at once order the men 
affected out of the mine. 

(m) In case the passageways, roadways or en¬ 
tries of any mine are so dry that the air becomes 
charged with dust, the operator of such mine must 
have such roadways regularly and thoroughly spray¬ 
ed, sprinkled or cleaned. 

(n) At all mines employing over one hundred 
(100) men underground and in all mines generating 
fire damp, the ventilating fan shall be run both day 
and night; at all mines employing less than one hun¬ 
dred (100) men underground, the fan shall be run at 
its usual speed for six (6) hours before men go into 
the mine to work. A recording pressure gauge shall 
be maintained in connection with each fan at all 
times: Provided, nothing in this clause shall apply 
to mines employing ten men or less. (Amended by 
Act approved June 27, 1917, in force July 1, 1917. 
L. 1917, p. 602.) 

(o) In all mines where closed electric lamps are 
used exclusively, a sufficient number of practical, 
experienced miners shall be employed by the com¬ 
pany, whose duty it shall be to examine the mine for 
obnoxious or inflammable gases while men are work¬ 
ing therein; and, further provided, that the mine 
shall be examined by a competent person with a 
safety gas testing lamp on idle days, holidays and 
Sundays preceding the time the night shift goes on 
duty. (Amended by Act approved and in force July 
1, 1919. 


55 


Refuge Places, Power Haulage and Mule Roads, 

Room-Necks, Gob Obstructions. 

§ 15. (a) On all single-track haulage roads 
where hauling is done by machinery, which roads 
the persons employed in the mine must use while 
performing their work or travel on foot to and from 
their work, there shall be places of refuge on one 
side not less than 3 feet in depth from the side of 
the car, and not less than 4 feet long and 5 feet in 
height and not more than 60 feet apart. On all such 
roads constructed after the passage of this Act, the 
refuse [refuge] places shall be placed on the opposite 
side from the electric power wire. On rope-haulage 
roads, means of signaling shall be established be¬ 
tween the haulage engineer and all points on the 
road. A conspicuous light shall be carried on the 
front, and a gong, conspicuous red light or white 
signal board on the rear of every trip or train of pit 
cars moved by machinery. 

Refuge places—mule roads.] (b) On all haul¬ 
age roads on which the hauling is done by draft 
animals, whereon men are obliged to be in the per¬ 
formance of their duties or have to pass to and from 
their work, there shall be places of refuge not less 
than 2 y 2 feet in width from the side of the car, and 
not less than 4 feet long and 5 feet in height and not 
more than 60 feet apart. 

Room-necks as refuge places.] (c) Refuge 
places shall not be required in entries on which room- 
necks at regular intervals not exceeding 60 feet 
furnish the required refuge places. 

Keeping refuge places clear.] (d) All places 
of refuge must be kept clear of obstructions and no 
material shall be stored nor be allowed to accumu¬ 
late therein. They shall also be whitewashed not 
less than once in six months. 

Gob on haulage roads.] (e) One side of all 
haulage roads shall be kept clear of refuse or ma¬ 
terials, except timbering, unless the rib or timbering 
on such side shall be 2 y 2 feet or more from the rail, 


56 


but in such case materials or refuse shall not be per¬ 
mitted within 2% feet of the rail. (Amended by Act 
approved June 28, 1915, in force July 1, 1915. L. 
1915, p. 505. 

Cars. 

§ 16. (a) When there is an open hook coupling 

on either end of the car, the hook and links must be 
attached so that when hanging down, the coupling 
will be clear of the ties and rails. 

Mine cars in use when this Act shall become in 
force and effect shall be made to comply with this 
provision within one year thereafter. 

(b) In mines opened after the passage of this 
Act, all mine cars shall be equipped with a bumper 
or bumpers on each end, which shall project from 
beyond the end of the car not less than four inches 
in length. This shall not be held to apply to mines 
employing ten men or less. (Amended by Act ap¬ 
proved June 27, 1913, in force July 1, 1913. L. 1913, 
p. 411. 

Voltage, Wires, Haulage Ways. 

§ 17. (a) Trolley wires or other exposed elec¬ 

trical wires shall not carry a voltage above 275 volts. 

Wires crossing haulage ways.] (b) All trolley 
and positive feet [d] wires crossing places where 
persons or animals are required to travel shall be 
safely guarded or protected from such persons or 
animals coming in contact therewith. 

(c) All terminal ends of positive wires shall be 
guarded so as to prevent persons inadvertently com¬ 
ing in contact therewith. 

Oil Standards, Brands, Sampling and Testing , 

Penalty. 

§ 18. All illuminating oils or other illuminants 
used in coal mines shall conform to such specifica¬ 
tions as shall be prescribed by the State Mining 
Board. 


57 


Brands of oil.] (b) All oils sold or offered for 
sale to be used for illuminating purposes in coal 
mines shall be stamped or branded upon the original 
barrel or package in which said oil is furnished to 
the person, firm or corporation selling or furnishing 
such oil to show that such oil has been tested and 
found to conform to the specifications prescribed by 
the State Mining Board. 

Penalty.] (c) Any person, firm, or corporation, 
either by themselves, agents or employees, selling or 
offering to sell for illuminating purposes in any mine 
in this State any oil not complying with the speci¬ 
fications of the State Mining Board as suitable for 
illuminating purposes as contemplated in this Act 
shall be deemed guilty of a misdemeanor, and, upon 
conviction thereof, shall be fined not less than 
twenty-five dollars, nor more than one hundred dol¬ 
lars for each offense; and any mine owner or oper¬ 
ator or employee of such owner or operator who 
shall knowingly use, or any mine operator who shall 
knowingly permit to be used, for illuminating pur¬ 
poses in any mine in this State any oil, the use of 
which is forbidden by this Act, shall be guilty of a 
misdemeanor, and shall be fined not less than five 
dollars nor more than twenty-five dollars. 

Sampling and testing.] (d) The State mine 
inspectors shall have authority to sample all oil 
used for illuminating purposes in the mines of this 
State, or kept on hand for use or for sale at such 
mines, and for such purpose they may enter upon 
the premises of any person. It shall be their duty 
to send to the State Mining Board to be tested a 
sample of any oil they have reason to suspect does 
not comply with the specifications of the State Min¬ 
ing Board in regard to illuminating oil for use in 
mines; and if the said sample of oil is found after 
suitable tests not to comply with the provisions of 
this Act, the person using said oil or selling or 
offering the same for sale, shall be prosecuted in 
accordance with the provisions of this Act. (Amend- 


58 


ed by Act Approved June 27, 1913, in force July 1, 
1913. L. 1913, P. 411.) 

Powder, Keeping, Handling and Firing; Standard 

Charger; Dead Holes, Tamping, Warning. 

§ 19. (a) No blasting powder, or other explos¬ 
ives, shall be stored in any coal mine, and no work¬ 
man shall have at any time in the mine more than 
thirty-five pounds of black powder nor more than 
twenty-five pounds of permissible explosives, nor 
more than three pounds of other high explosives: 
Provided, that nothing in this section shall be con¬ 
strued to prevent the operator of any mine from tak¬ 
ing into the mine, when miners are not therein, and 
in electrically equipped mines, while the current is 
turned off on roadways through which it is trans¬ 
ported, a sufficient quantity of powder for the rea¬ 
sonable requirements of such mine for the next suc¬ 
ceeding working day. The delivery of powder into 
coal mines shall be during the interval after the 
shot firers have come out of the mine and prior to 
the entry of the day shift into the mine in the 
morning; but in the iterim before such powder is 
delivered to the men, it shall be Kept in a closed 
receptacle. 

Explosives shall not be carried in the same car 
with tools or other materials. 

Place and manner of keeping in the mine.] 
(b) Every person who has powder or other ex¬ 
plosives in a mine shall, keep the same in a wooden 
box securely locked, with hinged lid, and said box 
shall be kept as far as practicable from the track; 
and all powder boxes shall be kept as far as practic¬ 
able from each other and each in a scheduled place. 
Black powder and high explosives or caps shall not 
be kept in the same box. Detonating explosives and 
detonators shall not be kept in the same box. 

Manner of handling.] (c) Whenever a work¬ 
man is about to open a box or keg containing powder 
or other explosives, and while handling the same, he 


59 


shall place and keep his lamp at least five feet dis¬ 
tant from said explosive, and in such position that 
the air current can not convey sparks to it, and no 
person shall approach nearer than five feet to any 
open box containing an open keg of powder or other 
explosive with a lighted lamp, lighted pipe or other 
thing containing fire. No miner, workman or other 
person shall open any receptacle containing an ex¬ 
plosive except by the means of opening the same 
provided by the manufacturer thereof, and it shall 
be unlawful for any person to have in his possession 
m any mine any receptacle containing explosive 
which has been opened in violation of this Act. 

Quantity of powder in one charge.] (d) The 
quantity of powder to be used in the preparation of 
shots shall not, in any case, exceed five (5) standard 
chargers full of powder in coal seams five and one- 
half (5 y 2 ) feet or over in thickness; and shall not. 
in any case, exceed four (4) standard chargers full 
of powder in coal seams under five and one-half 
(5 y 2 ) feet in thickness. 

Standard charger.] (e) For the purpose of de¬ 
termining the quantity of powder to be used in the 
preparation of any given shot, a standard charger 
is defined and prescribed to be a cylindrical metallic 
charger not to exceed twelve (12) inches in length 
and not to exceed one and one-half (1%) inches in 
diameter. 

Dead holes.] (f) No person shall drill or shoot 
a dead hole as hereinafter defined. A “dead hole” is 
a hole where the width of the shot at the point 
measured at right angles to the line of the hole is 
so great that the heel is not of sufficient strength to 
at least balance the resistance at the point. The 
heel means that part of the shot which lies outside 
of the powder. 

In solid shooting, the width of the shot at the 
point, in seams of coal six (6) feet or less in height 
shall not be greater than the height of the coal, and 
in sea*ms of coal more than six (6) feet in thickness, 


60 


the width of the shot at the point shall, in no case, 
be more than six (6) feet. 

In undercut coal, no hole shall be drilled “on 
the solid” for any part of its length. 

Mixed shots.] (g) In no case shall more than 
one kind of explosive be used in the same drill hole. 

Copper tools.] (h) The needle used in prepar¬ 
ing a blast shall be made of copper, and any metallic 
tamping-bar or scraper which is used for placing 
explosives for shots shall be tipped with at least 
five inches of copper. A scraper shall not be used 
for tamping. 

Tamping.] i (i) Every blasting hole shall be 
tamped full from the explosive to the mouth of the 
hole, and no coal dust or any material that is in¬ 
flammable or that may create a spark, whether the 
same shall be wet or dry, shall be used for tamping. 

Use of squibs.] (j) When a squib is used to 
fire a shot it shall be unlawful to shorten or oil the 
match of the squib or to ignite it except at the end. 

Warning before firing.] (k) Before firing a 
shot, the person firing the same shall see that all 
persons are out of danger from the probable effects 
of such shot, and shall take measures to prevent any 
one approaching by shouting “fire” before lighting 
the same. 

Not more than one shot at a time.] (1) Not 
more than one shot shall be lighted at the same time 
in any working place unless the firing is done by 
electricity or by fuses of such length that the inter¬ 
val between the explosions of any two shots shall be 
not less than one minute, and in no case shall any 
shot or shots be fired or lighted which are termed 
depending or dependent shots, until after the expira¬ 
tion of ten minutes from the successful firing of the 
relieving shot or shots. When successive shots are 
to be fired in any working place in which the roof 
is broken or faulty, the smoke shall be allowed to 
clear away and the roof examined and made secure 
between shots. 


61 


Missed shots.] (m) No person shall return to 
a missed shot, if lighted with a squib, until five (5) 
minutes have elapsed from the time of lighting the 
same, or, if lighted with fuse, until the following 
day; and no person shall return to a missed shot 
when the firing is done by electricity unless the 
wires are disconnected from the battery. 

(n) No missed shot shall be withdrawn except¬ 
ing by the use of copper-tipped or wooden tools. 
(Amended by Act approved June 27, 1913, in force 
July 1, 1913. L. 1913, P. 411.) 

(o) Where shot firers are employed and fuse is 
used to fire shots, the length of the fuse shall be not 
less than three and one-half (3 y 2 ) feet outside the 
powder. (Amended by Act approved and in force 
July 1, 1919.) 

Duty of Mine Manager. 

§ 20. (a) It shall be the duty of the mine 
manager: 

1. To visit each working place in the mine at 
least once in two weeks. 

2. To provide a suitable checking system where¬ 
by the entrance into and departure from the mine 
of each employee shall be indicated. 

3. To have the underground workings of the 
mine examined by a certificated mine examiner 
within eight hours preceding every day upon which 
the mine is to be operated. Such a mine examiner 
shall make the examination as provided in this Act, 
and he shall enter his report thereof with indelible 
pencil or ink in a well bound or properly protected 
loose leaf book provided for that purpose, before the 
men are permitted to enter the mine in the morn¬ 
ing. This book shall be kept in some convenient 
place on top, but not in the engine room, for the 
information of the inspector and other persons in¬ 
terested therein. 

4. To examine the mine examiner’s report in 
the morning, and if the working places are reported 


62 


dangerous, he shall withhold the entrance checks of 
men working in such places until he has taken every 
proper precaution to advise such men of the danger 
and instructed them not to work in such places until 
the reported danger has been removed, except for the 
purpose of removing same. 

5. When there is to be a night shift mining coal, 
the mine manager shall require the places in which 
such night shift are expected to work to be examined 
for gas, or falls or dangerous roof, by the person in 
charge of such night shift or some competent person 
duly authorized by him before the men enter such 
places for work. The night shift may go into the 
mine while the night examiner is in the mine, ex¬ 
cepting in mines where marsh gas has been de¬ 
tected in dangerous quantities, provided they do not 
go into the working places until the required ex¬ 
amination is made. 

Certificated mine examiners shall not be re¬ 
quired for the examination preceding the night shift, 
excepting in mines where marsh gas is detected in 
dangerous quantities. The night examiner, or ex¬ 
aminers, shall make a record of their examination 
in a special book kept for that purpose, which shall 
be kept in some convenient place on top when not 
in use by the examiner. 

6. He shall provide a sufficient number of props, 
caps and timbers, when demanded, delivered on the 
miners’ cars at the usual place, in suitable lengths 
and dimensions for the securing of the roof by the 
miners. 

7. He shall see that the cross-cuts are made at 
proper distances apart, and that the necessary doors, 
curtains, and brattices are provided to secure the 
men in the mine the volume of air required by this 
Act, or by the written demands of the mine in¬ 
spector; also, that all stoppings along air-ways are 
properly and promptly built. 

8. He shall keep careful watch over all ventilat¬ 
ing apparatus, and the air currents in the mine, and 


63 


in case of accident to fan or machinery by which 
the air currents are stopped or materially obstructed, 
he shall at once order the withdrawal of the men 
from the mine and prohibit their return until the 
required ventilation has been re-established. 

9. He shall measure the air current or cause the 
same to be measured at least once each week at the 
inlet and outlet, also at the last open cross-cut in 
each division or split, and shall keep a record of 
such measurements for the information of the mine 
inspector. 

10. He or his assistants shall, at least once a 
week, examine the escapement shaft and the road¬ 
ways leading thereto and all other openings for the 
safe exit of men to the surface; and shall make a 
record of any obstructions or other unsafe conditions 
existing therein, and cause the same to he promptly 
removed. 

11. He shall examine or designate a competent 
person to examine the hoisting ropes, cages and 
safety catches every morning, and shall require the 
ropes to he tested by hoisting the cages before the 
men are lowered. 

12. He must see that the top man and bottom 
man are on duty and that sufficient lights are main¬ 
tained at the top and bottom landings when the 
miners are being hoisted and lowered. 

13. The mine manager or his assistant shall be 
at his post at the mine when the men are lowered 
into the mine in the morning for work, and shall 
remain at night until all the men employed during 
the day shall have been hoisted out. 

14. He shall give special attention to and in¬ 
structions concerning the proper storage and hand¬ 
ling of explosives in the mines. 

15. He shall see that all dusty haulage roads are 
regularly and thoroughly sprayed, sprinkled or 
cleaned at regular intervals when the health and 
safety of the men in the mines demand. 


64 


(b) The mine manager shall have power: 

1. To instruct employees as to their respective 
duties and to require of all employees obedience to 
the provisions of the mining law. 

2. To prescribe special rules concerning the 
proper storage and handling of explosives in the 
mine and concerning the time and manner of placing 
and discharging the blasting shots, and it shall be 
unlawful for any miner to fire shots except accord 
ing to such rules. 

3. In mines in which the works are so extensive 
that all the duties devolving upon the mine manager 
cannot be discharged by one man, competent per¬ 
sons may be designated and appointed as assistants 
to the mine manager, who shall exercise his func¬ 
tions under the mine manager’s instructions. 6 
(Amended by Act approved June 27, 1913, in force 
July 1, 1913. L. 1913, P. 411. (Amended by Act ap¬ 
proved and in force July 1, 1919. 

Mine Examiners ’ Duties. 

§ 21. (a) A certificated mine examiner shall be 
required at all coal mines. There shall be one or 
more additional certificated mine examiners when¬ 
ever required in writing by State mine inspectors 
when the conditions are such as to make the em¬ 
ployment of such additional mine examiners neces¬ 
sary. 

(b) It shall be the duty of the mine examiner: 

1. To examine the underground workings of the 
mine within eight hours preceding the time the day 
shift goes on duty, every day upon which the mine 


6 A miner is not a trespasser and is within the protec¬ 
tion of the Mining act when he quits work on account of 
a cave-in or squeeze occuring in the mine, enters the 
mine to secure his tools and receive his time check from 
the mine manager under his permission and assurance 
that there is no gas in the part of the mine through 
which the miner must pass, and is killed from an ex¬ 
plosion of gas w T hile securing his tools. Romani v. Shoal 
Creek Coal Co (1916), 271 Ill. 360, 365, 367. 



65 


is to be operated, excepting that when in the judg¬ 
ment of the State Mine Inspector expressed in writ¬ 
ing to the coal operator, a mine generates explosive 
gas in dangerous quantities, a State Mine Inspector 
shall require the mine to be examined for gas in 
such manner and at such shorter intervals than 
eight hours before the time the day shift goes on 
duty every day upon which the mine is to be oper¬ 
ated, as may be necessary to insure the safety of 
the men working in such mine. In all mines where 
closed electric lamps are used exclusively, said mines 
snail be examined within four hours preceding the 
time the day shift goes on duty. 

2. When in the performance of his duties, to 

carry with him a safety lamp in proper order and 

condition and a rod or bar for sounding the roof. 

3. To see that the air current is traveling in its 

proper course and in proper quantity; and to meas¬ 
ure with an anemometer the amount of air passing 
in the last cross-cut or break-through of each pair 
of entries, or in the last room of each division in 

long-wall mines, and at all other points where he 

may deem it necessary; and to note the result of 
such measurements in the mine examiner’s book 
kept for that purpose. 

4. To inspect all places where men are required 
in the performance of their duties to pass or to work, 
and to observe whether there are any recent falls 
or dangerous roof or accumulations of gas or dan¬ 
gerous conditions in rooms or roadways; and to 
examine especially all roadways leading to escape¬ 
ment shafts or other openings for the safe exit of 
men to the surface, the edges and accessible parts 
of recent falls and old gobs and air-courses. 7 


7 This provision applies not only to dangerous condi¬ 
tions which are of a temporary character, but also to 
faulty conditions of a permanent nature, caused in the 
course of construction in opening the mine. Dunham v. 
Black Diamond Coal Co. (1909), 239 Ill. 457, 459. 

Any “dangerous condition” in a coal mine means such 
a condition as endangers the life, limb or health of men 



66 


5. As evidence of his examination of said rooms 
and roadways, to inscribe in some suitable place on 
the walls of each, not on the face of the coal, with 
chalk, the month and the day of the month of his 
visit. 

6. When working places are discovered in which 
there are recent falls or dangerous roof or danger¬ 
ous conditions, to place a conspicuous mark or sign 
thereat as notice to all men to keep out; and in 
case of accumulation of gas, to place at least two 
conspicuous obstructions across the roadway not less 
than twenty feet apart, one of which shall be out¬ 
side the last open cross-cut. * * * * * * * 8 

7. Upon completing his examination, to make a 
daily record of the same in a book kept for that 
purpose, for the information of the company, the 
inspector and all other persons interested; and this 
record shall be made each morning before the miners 
are permitted to enter the mine. 

8. To take into his possession the entrance 
checks of all men whose working places have been 
shown by his examination and record to be danger¬ 
ous, and to give such entrance checks to the mine 
manager before the men are permitted to enter the 
mine in the morning. (Amended by Act approved 
June 28, 1915, in force July 1, 1915. L. 1915, P. 505. 


working - in the mine, whether the condition is permanent, 

due to faulty construction, or temporary, due to opera¬ 

tion ; and includes a dangerous condition in the track, 

roadbed, or side entries. The accumulation of coal upon 

a railway track of a mine constitutes a dangerous con¬ 
dition which the mine examiner is bound to discover and 

report. Mengelkamp v. Consolidated, Coal Co. (1913), 259 

111. 305, 309. 

8 A similar provision (section 18 of the Mines and Min¬ 
ing act of 1899) requiring the mine examiner to place a 
conspicuous mark in ail working places in the mine 
where dangerous conditions existed and to report such 
conditions to the mine manager, restricting entrance into 
the mine until the danger was removed, was considered 
a valid regulation under section 29, article 4 of the con¬ 
stitution. Cook v. Big Muddy-Carterville Mining Co. 
(1911), 249 Ill. 41, 47. 



67 


Duty of Hoisting Engineer. 

§ 22. It shall be the duty of the hoisting en¬ 
gineer: 

1. To be in constant attendance at his engine or 
boilers at all times when there are workmen under¬ 
ground. Whenever it is the duty of the engineer to 
attend to the boilers, means for signalling from the 
shaft bottom to the boiler-room shall be provided. 

2. He shall not permit any one except persons 
duly authorized to enter the engine-room, and he 
shall hold no communication with any officer of the 
company or other person while the engine is in 
motion or while his attention is occupied with the 
signals. 

” 3. The engineer or some other properly author¬ 
ized employee shall: 

(a) Keep a careful watch over the engines, 
boilers, pumps, ropes and winding apparatus under 
his jurisdiction. 

(b) See that the boilers under his care are 
properly supplied with water, cleaned and inspected 
at frequent intervals. 

(c) See that the steam pressure does not exceed 
the limit established by the boiler inspector, and 
frequently try the try cocks and the safety valves 
and shall not increase the weights on the same. 

(d) See that the steam and water gauges are 
kept in good order, and if any of the pumps, valves 
or gauges become deranged or fail to act, promptly 
report the fact to the proper authority. 

4. He shall thoroughly understand the estab¬ 
lished code of signals, and when he has the signal 
that men are on the cage, he must operate his 
engine at not to exceed the rate of speed permitted 
by this Act. 

5. He shall permit no one to handle, except in 
the discharge of duty, or meddle with any machinery 
under his charge or suffer any one who is not a 
certified engineer to operate his engine except for 
the purpose of learning to operate it, and then only 


68 


in the presence of the engineer in charge and when 
men are not on the cage. 

Special Rules. 

§ 23. (a) It shall be unlawful for any person 

knowingly or negligently: 

• 1. To injure or tamper with any appliance or 
machinery. 

2. To carry an open light, pipe or fire in any 
form into any place worked by the light of safety 
lamps, or within five feet of an open package of 
explosive. 

3. To open any locked safety lamp without per¬ 
mission from the proper authority. 

4. To handle or disturb any part of the hoisting 
machinery without proper authority. 

5. To obstruct or cause any obstruction in any 
air current or to leave open any door or other means 
provided to control the air current or to perform any 
act that will interfere with the ventilating current of 
the mine without permission to do the same from 
the mine manager. 

6. To deface, pull down or destroy any notice 
board, danger signal, special rule or record book. 

(b) No person shall be permitted to or shall 
enter, work in or about a mine or mine buildings, 
tracks or machinery connected therewith while un¬ 
der the influence of intoxicants. 

(c) Every miner shall sound and thoroughly ex¬ 
amine the roof of his working place before commenc¬ 
ing work, and if he finds loose rock or other danger¬ 
ous conditions, he shall not work in such dangerous 
place except to make such dangerous conditions safe. 
It shall be the duty of the miner to properly prop 
and secure his place for his own safety with ma¬ 
terials provided therefor. 9 


9 This provision applies to employees who have a fixed 
working place in the mine, and does not apply to em¬ 
ployees who are required to work all over the mine 
wherever falls might occur. Grannon v. Donk Bros. Coal 
Co. (1913), 259 Ill. 350, 356. 



69 


(d) It shall be the duty of every operator to 
post at some conspicuous point at the entrance to the 
mine, in such manner that the employees of the mine 
can read them, rules not inconsistent with this Act, 
plainly printed in the English language, which shall 
govern all persons working in the mine. And the 
posting of such notice, as provided, shall charge all 
employees of such mine with legal notice of the con¬ 
tents thereof. 

(e) It shall be unlawful for any person to dis¬ 
obey any order given in pursuance of this Act, or to 
enter any place against a danger signal without per¬ 
mission from the mine manager, or to do any willful 
act whereby the lives or health of persons working 
in mines or the security of the mine or the machin¬ 
ery thereof are endangered. 

(f) No mine employee shall enter or leave a 
mine without indicating the fact of entering or leav¬ 
ing said mine by some suitable checking system pro¬ 
vided by and under the control of the mine manager. 

(g) No person, except the persons necessary to 
operate the trip or car, shall ride on any loaded car 
or on the outside of any car, or get on or off a car 
while in motion. 

(h) It shall be unlawful to change, exchange, 
substitute, alter or remove any number or check or 
other device or sign used to indicate or identify the 
person or persons to whom credit or pay is due for 
the mining of coal in any car or appliance containing 
the same, with intent to cheat or defraud any other 
person of the value of his services for mining the 
coal contained in such car or appliance, and it shall 
be unlawful for a person with intent to cheat or de¬ 
fraud any other to place any number, check or other 
device or sign upon any car or other appliance loaded 
by any other person in or about the mine. Any vio¬ 
lation of this provision shall be deemed a larceny, 
and upon conviction thereof shall be punishable as 
provided in the general statutes of Illinois with 
respect to larceny. 


70 


Ten-foot Limit, Abandoned Workings. 

§ 24. (a) In no case shall the workings of any 

mine be driven nearer than 10 feet to the boundary 
line of the coal rights pertaining to said mine, 
except for the purpose of establishing an under¬ 
ground communication between contiguous mines, as 
provided for elsewhere in this Act, or except by 
mutual agreement in writing between the adjoining 
owners. 

Approaching abandoned workings.] (b) When¬ 
ever any working place approaches within 50 feet of 
abandoned workings of which there is a map pre¬ 
pared as required by law and which may contain 
dangerous accumulations of water or of gas, the 
operator of said mine shall advance by workings not 
more than 20 feet wide and maintain in advance of 
the face a bore hole not less than 10 feet in depth 
and one hole in each rib of the working place 10 feet 
in depth, which side holes shall be drilled so as to 
make an angle of not less than forty-five degrees with 
the direction of the rib. If there is not a map of the 
abandoned workings, the holes heretofore provided 
for shall be drilled when the new workings are 
within 100 feet of where the old workings are sup¬ 
posed to be. 

Duty of Inspector, Coroner's Inquest, Investigation. 

§ 25. (a) Any loss of life or personal injury in 

or about any coal mine shall be reported without 
delay by the person having charge of said mine to 
the State mine inspector of the district in which the 
mine is located, and the said inspector, in case of 
injury, if he deem necessary from the facts reported, 
and in all cases of loss of life, shall go immediately 
to the scene of said accident and render every pos¬ 
sible assistance to those in need. 

Every operator of a coal mine shall make or 
cause to be made and preserve for the information 
of the State mine inspector, upon uniform blanks 
furnished by said inspector, a record of all deaths 


71 


and all injuries sustained by any of his employees in 
the pursuance of their regular occupations. 

Coroner’s inquest.] (b) If any person is killed 
in or about a mine, the operator shall also notify the 
coroner of the county, or in his absence or inability 
to act, any justice of the peace of said county, who 
shall hold an inquest concerning the cause of such 
death. The State mine inspector may question or 
cross-question any witness testifying at the inquest. 

Investigation by inspectors.] (c) The State 
mine inspector shall make a personal investigation 
as to the nature and cause of all serious accidents in 
mines under his supervision. He shall make a record 
of the circumstances attending the same, as de¬ 
veloped by the coroner’s inquest and by his own per¬ 
sonal investigation, which record shall be preserved 
in the files of his office, and a copy thereof filed with 
the State Mining Board within thirty days from the 
conclusion of such investigation, and such report 
shall thereupon become part of the records of such 
board. To enable him to make such investigation 
he shall have power to compel the attendance of wit¬ 
nesses and to administer oaths or affirmations to 
them, and the cost of such investigations shall be 
paid by the county in which such accident has 
occurred. 

Any person having charge or custody of the 
records, files, documents, reports and proceedings of 
the State Mining Board provided to be made, filed or 
kept under the provisions of the laws of Illinois, in 
case of serious accident shall furnish to any person 
or persons interested, a certified copy thereof upon 
application, and upon the payment or tender of fees 
at such rates as are now paid in this State to the 
clerks of circuit courts in counties of the second 
class for certified copies of records, and refusal to 
furnish such copies shall constitute a misdemeanor. 
(Amended by Act approved June 28, 1915, in force 
July 1, 1915. L. 1915, p. 505. 


72 


Stretchers and Blankets. 

§ 26. At every mine, it shall be the duty of the 
operator thereof to keep always on hand, and at some 
readily accessible place, a properly constructed 
stretcher, a woolen and waterproof blanket, and a 
roll of bandages in good condition and ready for im¬ 
mediate use for binding, covering and carrying any 
one who may be injured at the mine. When 100 or 
more men are employed at any mine, two stretchers 
and two woolen and two waterproof blankets, with a 
corresponding number of bandages, shall be provided 
and kept on hand. At mines where fire-damp is gen¬ 
erated, there shall also be provided and kept in store 
a suitable supply of linseed or olive oil, for use in 
case where men are burned by an explosion. 

Scales, Weighman and Check Weighman. 

§ 27. (a) The operator of every coal mine where 
miners are paid by the weight of their output, shall 
provide at such mine suitable and accurate scales for 
the weighing of such coal, and a correct record shall 
be kept of all coal so weighed, and said record shall 
be open at all reasonable hours to the inspection of 
miners and others interested in the product of said 
mine. The operator shall provide at such mine not 
less than one thousand (1,000) pounds of United 
States Standard weights. 

Weighman.] (b) The person authorized to 
weigh the coal and keep the record as aforesaid shall 
be a citizen of the United States, and shall, before 
entering upon his duties, make and subscribe to an 
oath before some person duly authorized to admin¬ 
ister oaths, that he will accurately w r eigh and care¬ 
fully keep a true record of all coal weighed, and such 
affidavit shall be kept conspicuously posted at the 
place of weighing. 

Check weighman.] (c) The miners at work in 
any coal mine may employ a check wegihman at their 
option and at their own expense, whose duty it shall 
be to balance the scales and see that the coal is 


73 


properly weighed, and that a correct account of the 
same is kept, and for this purpose he shall have 
access at all times to the beam box of said scales, and 
be afforded every facilty for verifying the weights 
while the weighing is being done. The check weigh- 
man so employed by the miners shall be a citizen of 
the United States, and, before entering upon his 
duties, shall make and subscribe to an oath before 
some person duly authorized to administer oaths, 
that he will faithfully discharge his duties as check 
weighman, and such oath shall be kept conspicu¬ 
ously posted at the place of weighing. (Amended by 
Act approved and in force July 1, 1919. L. 1919, p.—.) 

Boys ancl Women. 

§ 28. No boy under the age of sixteen years, and 
no woman or girl of any age, shall be permitted to 
do any manual labor in or about any mine, and be¬ 
fore any boy can be permitted to work in any mine 
he must produce to the mine manager or operator 
thereof an affidavit from his parent or guardian or 
next of kin, sworn and subscribed to before a justice 
of the peace or notary public, that he, the said boy, 
is sixteen years of age. 

The parent, guardian or next of kin shall submit 
in connection with said affidavit, a certificate of birth, 
a baptismal certificate, a passport or other official or 
religious record of the boy’s age or duly attested 
transcript thereof, which certificate or transcript 
thereof shall, for the purposes of this Act, establish 
the age of said boy. 

Any person swearing falsely in regard to the age 
of a boy shall be guilty of perjury, and shall be pun¬ 
ished as provided in the general statutes of the State 
pertaining to perjury. 

Violations , Penalties. 

§ 29. (a) Any wilful neglect, refusal or failure 
to do the things required to be done by any section, 
clause or provision of this Act, on the part of the 


74 


person or persons herein required to do them, or any 
violation of any of the provisions or requirements 
hereof, or any attempt to obstruct or interfere with 
any inspector in the discharge of the duties herein 
imposed upon him, or any refusal to comply with the 
instructions of an inspector given by authority of 
this Act shall be deemed a misdemeanor punishable 
by a fine not exceeding five hundred dollars, or by 
imprisonment in the county jail for a period not 
exceeding six months, or both, at the discretion of 
the court: Provided, that in addition to the above 
penalties, in case of the failure of any operator to 
comply with the provisons of this Act in relation to 
the sinking of escapement shafts and the ventilation 
of mines, the State’s attorney for the county in 
which such failure occurs, or any other attorney, in 
case of his neglect to act promptly, shall proceed 
against such operator by injunction without bond, to 
restrain him from continuing to operate such mine 
until all legal requirements shall have been fully 
complied with. 

(b) Any inspector who shall discover that any 
section of this Act, or part thereof, is being neg¬ 
lected or violated, shall order immediate compliance 
therewith, and, in case of continued failure to com¬ 
ply, shall have power to stop the operation of the 
mine, or remove any offending person or persons 
from the mine until the law is complied with. 

(c) For any injury to person or property, oc¬ 
casioned by any willful violation of this Act, or will¬ 
ful failure to comply with any of its provisions, a 
right of action shall accrue to the party injured, for 
any direct damages sustained thereby; and in case 
of loss of life by reason of such willful violation or 
willful failure as aforesaid, a right of action shall 
accrue to the personal representatives of the person 
so killed for the exclusive benefit of the widow and 
next of kin of such person and to any other person or 
persons who were, before such loss of life, dependent 
for support on the person or persons so killed, for a 


75 


like recovery of damages for the injuries sustained 
by reason of such loss of life or lives not to exceed 
the sum of ten thousand dollars: Provided, that 
every such action for damages in case of death shall 
be commenced within one year after the death of 
such person: And, provided, further, that the amount 
recovered by the personal representative of the per¬ 
son so killed shall be distributed to the widow and 
next of kin of such person in the proportion provided 
by law in relation to the distribution of personal 
property left by persons dying intestate: Provided, 
that if and whenever there shall be in force in this 
State, a statute or statutes providing for compensa¬ 
tion to workmen for all injuries received in the 
course of their employment, the provisions thereof 
shall apply in lieu of the right of action for damages 
provided in this Act. 

Definitons. 

§ 30. (a) Where used in this Act, the words 
“mine” and “coal mine” are intended to signify any 
and all parts of the property of a mining plant, on 
the surface or underground, which contribute, di¬ 
rectly or indirectly, under one management, to the 
mining or handling of coal. 10 

Excavation or workings.] (b) The words “ex¬ 
cavation” and “workings” signify any or all parts of 
a mine excavated or being excavated, including 
shafts, slopes, tunnels, entries, rooms and working 
place, whether abandoned or in use. 

Shaft.] (c) The term “shaft” means any verti¬ 
cal opening through the strata which is or may be 
used for purposes of ventilation or escapement, or 


10 The term coal mine embraces machinery and appli¬ 
ances used to facilitate the work of removing coal and 
other material brought out of the mine ; and in comply¬ 
ing with the requirements of the statute, the term also 
applies to the condition in which the top shall be kept, 
and is not confined to the underground operations of 
the mine or plant and to the shaft. Spring Valley Coal 
Co. v. Greig (1907), 226 Ill. 511, 516. 



76 


for the hoisting or lowering of men and material in 
connection with the mining of coal. 

Slope.] (d) The term “slope” means any in¬ 
clined way in or to a seam of coal to be used for the 
same purposes as a shaft. 

Drift.] (e) The term “drift” means any prac¬ 
tically horizontal way in or to a seam of coal to be 
used for the same purpose as a shaft. 

Operator.] (f) The term “operator” as applied 
to the party in control of a mine in this Act, signifies 
the person, firm or body corporate who is the im¬ 
mediate proprietor as owner or lessee of the plant, 
and, as such, responsible for the condition and man¬ 
agement thereof. 

Mine manager.] (g) The “mine manager” is 
the person who is charged with the general direction 
of the underground work. 

Mine examiner.] (h) The “mine examiner” is 
the person charged with the examination of the 
underground workings of the mine before the miners 
are permitted to enter it in the morning. 

Repeal. 

§ 31. That an Act entitled, “An Act to revise the 
laws in relation to coal mines and subjects relating 
thereto, and providing for the health and safety of 
persons employed therein,” approved April 18, 1899, 
and in force July 1, 1899, with amendments to July 
1, 1910; also 

An Act entitled, “An Act to prohibit the use of 
certain oils in coal mines and penalties for infrac¬ 
tion of same,” approved April 30, 1895, in force July 
1, 1895; also 


EMINENT DOMAIN. 


An Act to revise the law in relation to mines. Ap¬ 
proved March 24, 1874, in force July 1, 1874. 

Eminent Domain, Road or Railroad. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That whenever any mine or mining place shall 
be so situated that it cannot be conveniently worked 
without a road or railroad thereto, or ditch to drain 
the same or to convey water thereto, and such road, 
railroad or ditch shall necessarily pass over, through 
or under other land owned or occupied by others, 
the owner or operator of any such mine or mining 
place may enter upon such lands, and construct 
such road, railroad or ditch, upon complying with 
the law in relation to the exercise of the right of 
eminent domain. 

And the commissioners of highways of any 
county under township organization, and the county 
board in counties not under township organization, 
may, when the public good requires, cause to be laid 
out and opened public highways, or private roads or 
cartways, from any coal mine to a public highway 
or to a railway, as the public good may require, in 
the same way as now or may hereafter be provided 
by law for the laying out and opening of public 
highways or private roads or cartways, and may 
permit the owner, lessee or operator of any coal 
mine to lay down and operate a horse or dummy 
railway thereon, or upon any highway or private 
road or cartway now or hereafter laid out and 
opened for public or public and private use, but 
always in such a manner and way, and upon such 



78 


place thereon, as to not unnecessarily interfere with 
ordinary public travel. 

Trespass, Surveyor. 

§ 2. If the owner of any land adjacent to any 
lands worked as lead, coal, iron or other mine, shall 
make complaint, in writing, verified by affidavit, to 
the judge of any court of record in the county 
where the land is situated, that he has reasonable 
grounds to believe, and does believe, that the owner 
or operator of such mine is trespassing upon his 
lands by mining thereon, it shall be the duty of the 
judge to appoint some county surveyor or other com¬ 
petent and suitable person to descend into such 
mine, and make such examinations and surveys as 
may be necessary to ascertain whether the same is 
being worked upon the land of the person making 
the complaint. 

Surveyor, Powers, Penalty. 

§ 3. The person so appointed shall have the 
right, at all reasonable times, to descend into such 
mine and make such examinations and surveys; and 
whoever shall willfully obstruct or hinder such per¬ 
son from entering into any such mine, or any gallery 
or place therein, or from making any such examina¬ 
tion or survey, shall, for each offense, be fined not 
exceeding $200, to be recovered before any justice 
of the peace of the county. Any person accepting 
any such appointment, and failing or refusing to 
make such survey upon the request of the petitioner, 
may be proceeded against as for a contempt of court, 
or he may be fined not exceeding $500. 

Examination, Expenses. 

§ 4. The expense of such examination and sur¬ 
vey shall be paid by the person making the com¬ 
plaint, but if such person shall recover damages 
against the owner or operator of such mine for 
working the same upon his land, he shall have the 
right to have such expenses added to the damages. 


79 


Trespass, Penalty. 

§ 5. Whoever shall willfully trespass upon the 
land of another by mining thereon, shall, in addition 
to the damages now authorized by law be liable to 
a penalty not to exceed $500, which may be recov¬ 
ered in an action of debt by the owner thereof, in 
any court of competent jurisdiction. 

Mining Rights, Conveyance. 

§ 6. Any mining right, or the right to dig for 
or obtain iron, lead, copper, coal, or other mineral 
from land, may be conveyed by deed or lease, which 
may be acknowledged and recorded in the same man¬ 
ner and with like effect as deeds and leases of real 
estate. 

Mining Rights, Taxation. 

§ 7. When the owner of any land shall convey, 
by deed or lease, any mining right therein, such 
conveyance shall be considered as so separating such 
right from the land that the same shall be taxable 
separately, and any sale of the land for any tax or 
assessment shall not include or effect such mining 
right. 

Lead Mineral, Record. 

§ 8. Every person purchasing lead mineral shall 
keep a book, in which he shall keep an account of 
all lead mineral purchased by him, stating clearly 
the amount, from whom and time when purchased, 
and the place where it was dug; and for the purpose 
of ascertaining such facts, he shall make diligent 
inquiry of the person offering such mineral for sale, 
and if satisfactory answers are not given, it shall 
not be lawful for him to buy the same. 

Lead Mineral, Record, Inspection. 

§ 9. Such purchaser shall keep such book at his 
usual place of business, open at all reasonable times 
for the inspection of miners, owners of mineral 
lands, and smelters of lead ore. 


80 


Lead Mineral, Purchaser, Statement. 

§ 10. When any such purchaser has not a usual 
place of business, he shall, within twenty-four hours 
from the time of making any such purchase, make 
return to the nearest smelter of lead ore to the place 
of procuring the same, stating the amount thereof, 
when, of whom and where purchased, and from 
what place the same was dug or taken; and such 
smelter shall minute the same in his book, to be 
kept pursuant to this Act. 

Lead Mineral, Purchase. 

§ 11. No person shall be allowed to purchase lead 
mineral from any child under twelve years of age. 

Lead Mineral, Purchase, Penalties. 

§ 12. Any person who shall purchase lead min¬ 
eral without keeping the book or making the entries 
or returns as herein provided, or shall refuse to 
allow their inspection as herein provided, shall 
forfeit for each offense the sum of $25; and whoever 
violates any of the other provisions of the four pre¬ 
ceding sections, shall forfeit for the first offense the 
sum of $5 and costs, and for every subsequent of¬ 
fense $10 and costs—one-half to the informer, and 
the other half to the school fund of the school dis¬ 
trict where the suit is brought. Said penalties shall 
be recoverable by action of debt before any justice 
of the peace of the county where the offense is 
committed. 

WAGES OF MINERS AND LABORERS AT COAL 
MINES LIEN ON ALL PROPERTY. 

An Act to protect laorers and miners for labor 
performed in developing and working in coal 
mines. Approved June 21, 1895, in force July 1, 
1895. L. 1895, p. 242. 

Wages, Lien. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem - 


81 


bly: That every laborer or miner who shall perform 
labor in opening and developing any coal mine, in¬ 
cluding sinking shafts, constructing slopes or drifts, 
mining coal and the like, shall have a lien upon all 
the property of the person, firm or corporation own¬ 
ing, constructing or operating such mine, used in 
the construction or operation thereof, including real 
estate, buildings, engines, cars, mules, scales and all 
other personal property, for the value of such labor 
for the full amount thereof, upon the same terms, 
with the same rights and to be secured and enforced 
as mechanics’ liens are secured and enforced. 

MINERS TO BE PAID IN LAWFUL MONEY FOR 
ALL COAL MINED. 

An Act to provide for the payment of coal miners 
for all coal mined by them, and providing addi¬ 
tional duties for “mine inspectors. Approved 
June 3, 1897, in force July 1, 1897. L. 1897, p. 
270. 

Wages, Payment. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That every person engaged in mining coal for 
any corporation, company, firm or individual, shall 
be paid in lawful money of the United States for all 
coal mined and loaded into the minting] car by such 
person for such corporation, company, firm or in¬ 
dividual, including lump, egg, nut, pea and slack, or 
such other grades as said coal may be divided into, 
at such price as may be agreed upon by the re¬ 
spective parties. 11 

Investigation and Prosecution. 

§ 2. It shall be the duty of the mine inspector to 
ascertain whether or not the provisions of section 

11 The payment of compensation under contract by 
different means or upon a different basis than that speci¬ 
fied in the act constitutes no violation of this statute. 
Whitebreast Fuel Co. v. People (1898), 175 Ill. 51, 55. 



82 


1 of this Act are being complied with in his district, 
and if he shall find that any corporation, company, 
firm or individual are violating the provisions of 
section 1 of this Act, it shall be his duty to at once 
have instituted suit in the name of the People of 
the State of Illinois, in some court of competent 
jurisdiction, for the recovery of the penalty pro¬ 
vided for in this Act, and it shall be the duty of the 
State’s Attorney of the county in which such suit is 
brought, when notified by the mine inspector, to 
prosecute such suit, as provided by law in other 
State cases. 

Violation, Penalty. 

§ 3. Every corporation, company, firm or indi¬ 
vidual violating the provisions of this Act shall be 
fined not less than $25.00 nor more than $200 for 
each offense. 

SHOT FIRERS IN COAL MINES. 

An Act to amend an Act entitled, “An Act provid¬ 
ing that operators of mines shall furnish shot 
firers in mines where shooting and blasting is 
done, approved May 18, 1905, in force July 1, 
1905.” Approved May 20, 1901, in force July 1, 
1907. L. 1901, p. 401 , 12 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That an Act entitled, “An Act providing that 
operators of mines shall furnish shot firers in mines 
where shooting and blasting is done,” approved May 
18, 1905, in force July 1, 1905, be and the same is 
amended to read as follows: 


12 This law is not amendatory of the Mining act of 
1899, although it relates to matters which might properly 
have been included in that act. It is an independent act 
giving no right of action for the death of a miner who 
has been fatally injured as a result of shot-firing in a 
mine. Hollingsworth v. Chicago & Carterville Coal Co. 
(1909), 243 Ill. 98. 



83 


Shot Fivers, Furnishing. 

§ 2. In all mines in this State where coal is 
blasted, and where more than two pounds of powder 
is used for any one blast; and, also in all mines in 
this State where gas is generated in dangerous 
quantities, a sufficient number of practical, experi¬ 
enced miners, to be designated as shot firers, shall 
be employed by the company, and at its expense, 
whose duty it shall be to inspect and do all the 
firing of all blasts, prepared in a practical, work¬ 
manlike manner in said mine or mines. (Amended 
by Act approved June 27, 1913, in force July 1, 1913. 
L. 1913, p. 442.) 

Shot Fired, Notice, Record. 

§ 3. The shot firers shall, immediately after the 
completion of their work, post a notice in a con¬ 
spicuous place at the mine, in which shall be indi¬ 
cated the number of shots fired; also the number of 
shots they did not fire, if any, specifying the number 
of the room and designation of the entry, and giving 
reasons for not firing the same. In addition they 
shall also keep a daily permanent record, in which 
shall be entered the number of shots or blasts fired, 
the number of shots or blasts failing to explode, and 
the number of shots or blasts that in their judg¬ 
ment were not properly prepared and which they 
refused to fire, giving reasons for same; the record 
to be in the custody of the mine manager and to be 
available for inspection at all times by parties 
interested. 

Blasting. 

§ 4. The superintendent or mine manager shall 
not permit the shot firers to do any blasting, ex¬ 
ploding of shots, or do any firing whatever until 
each and every miner and employee is out of the 
mine except the shot firers, mine superintendent, 
mine manager and man or men necessarily engaged 
in charge of the pumps and stables: Provided, how - 


84 


ever, that nothing in this section shall be construed 
to prohibit the employment in such mine of a rea¬ 
sonably necessary number of men during such time 
for the purpose of securing the workings in case 
of fire therein. 

Drill Holes, Alteration. 

§ 5. No miner or other person shall alter or 
change any drill hole, by increasing its depth, dia¬ 
meter or otherwise, after the same shall have been 
approved by the shot firer 

Unlawful Shots. 

§ 6. No shot firer, whether voluntarily, or by 
command or request of any person, shall fire any 
unlawful shot, or any shot which in his judgment, 
exercised as aforesaid, from his inspection thereof, 
made as aforesaid, shall not be a workmanlike, 
proper and practical shot. 

Unlawful Shot, Ordering. 

§ 7. No person or persons shall order, command 
or induce by threat or otherwise, any shot firer to 
fire any unlawful shot, or any shot which in his 
judgment, after due inspection, shall not be a work¬ 
manlike, proper and practical shot. 

No person shall drill or shoot a dead hole as 
hereinafter defined. A “dead hole’’ is a hole where 
the width of the shot at the point measured at right 
angles to the line of the hole is so great that the 
heel is not of sufficient strength to at least balance 
the resistance at the point. The heel means, that 
part of the shot which lies outside of the powder. 
(Amended by Act approved June 27, 1913, in force 
July 1, 1913. L. 1913, p. 442.) 

Violation, Penalty. 

§ 8. Any wilful neglect, refusal or failure to do 
the things required to be done by any section, clause 
or provision of this Act on the part of the person 


85 


or persons herein required to do them, or any vio¬ 
lation of any of the provisions or requirements 
thereof, or any attempt to obstruct or interfere with 
any person in the discharge of the duties herein 
imposed upon them, or any refusal to comply with 
the provisions of this Act, shall be deemed a mis¬ 
demeanor, punishable by a fine not less than one 
hundred dollars and not to exceed two hundred dol¬ 
lars, or by imprisonment in the county jail for a 
period not exceeding three months, or both, at the 
discretion of the court: Provided, that whoever shall 
discover that any section of this Act, or part thereof, 
is being neglected or violated shall report the same 
to the superintendent of the mines and ask imme¬ 
diate compliance therewith; and in case of a con¬ 
tinued failure to comply shall, through the State’s 
Attorney, or any other attorney, in case of his 
failure to act promptly, take the necessary legal 
steps to enforce compliance herewith, through and 
by means of the penalties herein prescribed. 

FIRE FIGHTING EQUIPMENT IN COAL MINES. 

An Act to require fire fighting equipment and other 
means for the prevention and controlling of fires 
and the prevention of loss of life from fires in 
coal mines. Approved and in force March 8, 1910. 
L. 1910, p. 8^. 

Fire Fighting Equipment, Requirements. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General As¬ 
sembly: On and after July 1, 1910, except as here¬ 
inafter in section 6 of this Act is provided, the fol¬ 
lowing requirements for fire fighting equipment and 
other means for the prevention and controlling of 
fires and the prevention of loss of life from fires in 
coal mines shall be strictly observed by all persons, 
firms, corporations or associations maintaining and 
operating a coal mine within the State of Illinois. 


86 


(Amended by Act approved June 23, 1915, in force 
July 1, 1915. L. 1915, p. 522.) 

Water Supply, Hose Connections, Automatic Sprink¬ 
ler, Water Barrels, Chemical Fire Extinguishers. 

§ 2. (a) There shall be provided a supply of 
water for fighting fire underground which shall have 
a head from a standing body in a pipe, tank or pond. 

(b) Such water supply shall be conducted into 
the mine in an iron or steel pipe or pipes not less 
than two inches in diameter, which shall have not 
less than two hose connections at the bottom of the 
hoisting shaft, and two hose connections at the bot¬ 
tom of the air and escapement shaft designated as 
such under the law, and two hose connections in 
each stable which is located less than five hundred 
(500) feet from the bottom of either of said shafts; 
and there shall be iron or steel pipes not less than 
two inches in diameter in the entries and passage¬ 
ways leading from the bottom of each of said shafts 
to such extent and such position that with one (1) 
fifty-foot length of hose the water may be carried 
into all such entries and passageways within three 
hundred (300) feet from the bottom of each of said 
shafts and into the corresponding area in slope and 
drift mines, such area to be designated in this Act 
as the fire protected area. 

(c) Provided, that in mines having one hundred 
and twenty-five (125) feet or less head at the bottom 
of the incoming supply pipe, the incoming pipes and 
the pipes having hose connections shall be not less 
than three (3) inches in diameter. The pipes in the 
mine shall have hose connections not more than fifty 
(50) feet apart beginning at the bottom of the in¬ 
coming supply pipe or pipes. 

(d) There shall be kept constantly on hand at 
the bottom of each shaft where hose connections are 
required, in condition for immediate use, not less 
than two (2) fifty (50) foot lengths of one and one- 
half (1%) inch inside diameter linen hose or rubber 


87 


lined cotton hose, which shall have been tested to a 
pressure of two hundred (200) pounds to the square 
inch; all of such hose and connections therefor on 
the supply pipes shall have American standard iron 
pipe threads. The nozzles on such hose shall be not 
less than three-eighths (%) nor more than five- 
eighths (%) inch in diameter. 

(e) Where any part of any passage or other 
excavation within one hundred and fifty (150) feet 
of the bottom of the hoisting shaft or the air and 
escapement shaft designated as such under the law 
and in the corresponding area in slope or drift mines 
is timbered with cribbing or more than one layer of 
lagging not including caps or wedges, above the cross 
bars, there shall be two lines of automatic sprinklers 
on the under side of such timbering, attached to not 
less than one and one-half (1 y 2 ) inch pipes connected 
with the fire fighting water supply, and such sprink¬ 
lers shall not be more tha i ten (10) feet apart. 

(f) In cribbing or lagging as last aforesaid, 
which is more than three (3) feet in vertical thick¬ 
ness, there shall be also, as near the top thereof as 
is practicable, automatic sprinklers connected with 
the water supply as last aforesaid and there shall be 
one such sprinkler for each eight (8) feet square or 
horizontal area of such cribbing or lagging. 

(g) In every underground stable, located within 
one thousand (1,000) feet of the hoisting shaft or the 
air and escapement shaft designated as such under 
the law, there shall not be less than one (1) auto¬ 
matic water sprinkler for each area eight (8) feet 
square in said stable; such automatic sprinklers shall 
be connected with iron or steel pipes not less than 
one and one-half (1%) inches in diameter along the 
roof or ceiling in the stable, which shall be con¬ 
nected with the fire fighting water supply. 

(h) All automatic sprinklers shall be of the 
fusible plug type and shall not require a temperature 
of more than one hundred and sixty-five (165) de¬ 
grees Fahrenheit to release the water. 


88 


(i) In all underground stables other than those 
heretofore in this Act referred to, there shall be 
kept barrels full of water and two metal pails with 
each barrel. Such barrels shall be not more than 
fifty (50) feet apart, and there shall not be less than 
two (2) barrels full of water and two (2) metal pails 
with each barrel in each entry or passageway into 
which such stable opens and not more than fifty (50) 
feet from the opening of the stable. 

(j) There shall also be one (1) not less than 
two and one-half (2 y 2 ) gallons chemical fire ex¬ 
tinguishers, or its equivalent, as approved by the 
Department of Mines and Minerals, and two (2) not 
less than six (6) gallon hand pump buckets in each 
stable and in each entry or passageway into which 
such stable opens not more than fifty (50) feet from 
the opening of such stable: Provided, that in mines 
employing ten ^j. 0) men or less underground, the 
chemical fire extinguishers shall not be required. 
Such chemical fire extinguishers and hand-pump 
buckets shall be kept filled and ready for use. 

(k) Provided, however, that in coal mines in 
which less than ten (10) men are employed, in which 
there are no stables, in lieu of said water supply with 
pipes and hose, there may be substituted the follow¬ 
ing: There shall be kept within the fire protected 
area in each such mine, barrels full of water not 
more than fifty (50) feet apart, and with each barrel 
there shall be two metal buckets; and there shall 
also be kept within said area not less than six (6) 
hand-pump buckets of not less than six (6) gallons 
capacity, and said buckets shall be kept filled and 
ready for use. 

(l) A barrel within the meaning of this Act 
shall be any substantial vessel holding not less than 
fifty (50) gallons. 

(m) All mines shall have at least one, not less 
than two and one-half (2%) gallon chemical fire 
extinguisher, or its equivalent as approved by the 
Department of Mines and Minerals, and one not less 


89 


than six (6) gallon hand-pump bucket, including 
those hereinbefore in this Act required, for each fifty 
(50) employees in the mine with a minimum of six 
(6) extinguishers and six (6) pump buckets, kept at 
convenient places designated by the mine manager 
throughout the mine, and three (3) fire extinguish¬ 
ers of two and one-half (2 y 2 ) gallons each, or its 
equivalent as approved by the Department of Mines 
and Minerals in each building located within one 
hundred (100) feet of any shaft, drift or slope, and 
such extinguishers shall be recharged once every six 
months and a record made of the date of recharging 
in the mine examiner’s report book: Provided , this 
does not apply to buildings constructed of fireproof 
material. Such extinguishers and buckets shall be 
kept filled and ready for use: Provided , that in 
mines employing ten (10) men or less underground, 
the chemical fire extinguishers shall not be required. 
(Amended by Act approved June 27, 1917, in force 
July 1, 1917. L. 1917,. p. 596.) 

Drainage, Water Pressure. 

§ 3. During the cold weather months the water 
pipes shall be kept drained, but the supply must be 
kept so that by opening a valve easily accessible on 
top, the water will be promptly available at all times 
in the supply pipes underground. The water pressure 
in said pipes to which hose is to be connected shall 
not be less than twenty-four (24) pounds per square 
inch, nor more than seventy (70) pounds per square 
inch at a point not less than two hundred and fifty 
(250) feet from the bottom of the shaft or the corre¬ 
sponding position in slopes and drifts; and there 
shall be a pressure gauge with dial at said point. 
When the water pressure in the pipes leading into 
the mine is higher than seventy (70) pounds per 
square inch at the pressure gauge, there shall be a 
valve on the incoming supply pipe to control the 
pressure into the branch pipes in the mine, and 
there shall be a shut-off valve on every branch pipe 


90 


at the connection of such pipe with the pipe from 
which it leads. 

Underground Stables; Hay, Bedding and Feed; Light. 

§ 4. (a) No underground stable, unless so con¬ 
structed as to be fireproof throughout, shall be 
nearer than six (6) yards to any regular traveling 
way, and every underground stable shall have at 
each opening a fireproof door with a door frame of 
concrete, stone or brick laid in mortar. 

(b) Every such stable, which contains more 
than ten (10) stalls, shall have a cement or brick 
partition, with a fireproof door therein, for each ten 
(10) stalls or less; or, in lieu of said partition, the 
stable shall be lined with cement plaster or wire 
lathing or other fireproof material, where inflam¬ 
mable material is exposed. 

(c) All hay, bedding and feed underground, ex¬ 
cept that in the mangers and stalls, shall be kept in 
a closed cement, brick, stone or metal receptacle; 
and not more than forty-eight (48) hours’ supply of 
hay or bedding shall be kept underground, and not 
more than one week’s supply of grain. 

(d) All hay and bedding taken into the mine 
shall be baled. Hay, bedding and feed shall be taken 
into the mine only in a closed car or box, which shall- 
be kept closed until the materials are removed to the 
receptacles provided therefor. 

(e) No light with an unpiotected flame shall be 
taken into an underground stable by any person. 
(Amended by Act approved and in force June 7, 
1911. L. 1911, p. 419.) 

Telephone Lines, Notice of Danger, Rules and In¬ 
structions, Fire Drill. 

§ 5. (a) There shall be a system of party line 
telephones which shall include one telephone on the 
surface not more than two hundred (200) feet from 
the tipple, and one at the bottom of the hoisting 
shaft, or, in slope or drift mines at the first cross 


91 


entries in operation; and, in addition thereto, there 
shall be one telephone at each inside parting. Tele¬ 
phone lines shall be constructed in a workmanlike 
manner and shall be repaired promptly when neces¬ 
sary. 

(b) On becoming aware of any serious danger 
requiring the inside employees to come out of the 
mine, it shall be the duty of the person having 
charge of the outside or inside telephone immedi¬ 
ately to give notice of the danger to the other tele¬ 
phone stations; and it shall be the duty of all per¬ 
sons who receive information thereof to cooperate 
in giving notice thereof to all other persons in the 
mine. It shall be the special duty of all drivers, 
motormen and trip riders to notify all other drivers, 
motormen, trip riders or miners from whom they 
haul coal, of any danger requiring them to leave 
the mine. 

(c) Certain 'employees whose regular work is in 
or near the fire protected areas shall have graded 
authority and designated duties in case of fire; and 
rules and instructions therefor shall be included in 
the regular rules of the mine, and such employees 
shall be instructed therein by the mine manager. 

(d) There shall be a fire drill of such em¬ 
ployees not less often than once in two weeks, and 
the pipes, connections and hose shall be tested at 
such drills. (Amended by Act approved June 7. 
1911. L. 1911, p. 419.) 

Fire-proof Construction. 

§ 6. The following requirements also shall apply 
to all coal mines developed within the State of Illi¬ 
nois after the passage of this Act: Provided, that 
paragraphs (a) and (b) shall not apply to mines 
where ten (10) men or less are employed. 

(a) The hoisting shaft and the air and escape¬ 
ment shaft designated as such under the law in 
shaft mines and the air and escapement shaft near¬ 
est the main opening in slope or draft mines, shall 


92 


be of fireproof construction except that cage guides 
may be wood. All drifts and slopes that are opened 
after the passage of this Act must be of fireproof 
construction for a distance of three hundred (300) 
feet from the entrance: Provided, that this section 
shall not apply to shafts in actual course of con¬ 
struction at the time this Act takes effect. 

(b) The roof and walls of the passageways 
leading from the bottom of the hoisting shaft and 
the air and escapement shaft designated as such 
under the law, within a distance of three hundred 
(300) feet from the bottom of either of said shafts, 
shall be of fireproof construction, except that the 
coal rib or pillar may be used as a wall in such 
passageways. 

(c) All underground stables and the openings 
therein shall be of fireproof construction. 

Stables in mines opened after the passage of 
this Act shall not be located between the main and 
escapement shaft, or in direct line on the ventilat- 
ing current or on passageways leading to the escape¬ 
ment shaft or shafts. 

(d) At mines constructed in conformity with the 

requirements of this section of this Act, the fire¬ 
fighting equipment described in section 2, and the 
fire drill described in section 5 of this Act shall not 
be required, except that there shall be kept at con¬ 
venient places designated by the mine manager, 
throughout each mine, one not less than two and 
one-half (2 y 2 ) gallons chemical fire extinguisher, or 
its eauivalent as approved by the Department of 
Mines and Minerals, and one not less than six (6) 
gallon hand-pump bucket, for each fifty (50) em¬ 
ployees in the mine with a minimum of six (6) 
extinguishers and six (6) pump buckets, and such 
extinguishers and buckets shall be kept filled and 
ready for use: Provided , that in mines employing 
ten (10) men or less underground, the chemical fire 
extinguishers shall not be required. (Amended by 
Act approved June 27, 1917, in force July 1, 1917 
L. 1917, p. 596.) * ’ 


93 


Violations, Complaints, Penalties. 

§ 7. (a) Any willful neglect, refusal or failure 
to obey the requirements or provisions of this Act, 
or willfully giving a false danger signal or tamper¬ 
ing with any of the appliances required by the pro¬ 
visions of this Act, shall be deemed a misdemeanor, 
punishable by a fine of not less than fifty dollars 
($50) and not to exceed two hundred dollars ($200), 
or by imprisonment in the county jail for a period 
not exceeding three (3) months, or both, in the dis¬ 
cretion of the court. 

(b) Upon final conviction of any mine manager 
or any miner, under the provisions of this Act, his 
certificate of competency shall be thereby invali¬ 
dated; and it shall be the duty of the State Mining 
Board in the case of a mine manager or the miner’s 
examining board which shall have issued such cer¬ 
tificate in the case of a miner, to cancel and revoke 
the certificate of competency of the person so con¬ 
victed; and such person shall not be entitled to re¬ 
ceive another certificate of competency within three 
(3) months from the date of such cancellation and 
revocation. 

(c) If any State Mine Inspector, or any county 
mine inspector shall find that any provision of 
this Act is being violated, it shall be his duty to 
file a sworn complaint before any court of compet¬ 
ent jurisdiction, stating the facts within his knowl¬ 
edge in such case and asking that the person charged 
with such violation be bound over to the next grand 
jury for said county; and it shall be the duty of the 
State’s Attorney for the county in which such viola¬ 
tion occurs to prosecute such complaint as provided 
by law in other State cases. 

Each county mine inspector shall report at least 
once a month to the State Mine Inspector for the 
district in which said county mine inspector is 
working, stating the mines he has examined, the 
violations of this Act which he has discovered and 


94 


the complaints he has filed under the provisions of 
this Act. 

(d) If the county mine inspector shall fail to 
file a complaint, as herein required, of a violation 
of this Act which he shall have reported to the 
State Mine Inspector, and in all other cases of viola¬ 
tion of this Act which shall have come to the knowl¬ 
edge of a State Mine Inspector in the discharge of 
his duties it shall be the duty of such State Mine 
Inspector to file a sworn complaint before any court 
of competent jurisdiction, stating the facts reported 
to him, by the county mine inspector, or coming to 
his knowledge in the discharge of his duties, and 
asking that the person charged with such violation 
be bound over to the next grand jury for said coun¬ 
ty; and it shall be the duty of the State’s Attorney 
for the county in which such violation occurs to 
prosecute such complaint as provided by law in 
other State cases. 

(e) If any State Mine Inspector or any county 
mine inspector shall willfully fail, neglect or refuse 
to file a complaint as herein required, or shall will¬ 
fully disregard the duties required of him by the 
provisions of this Act, a sworn complaint may be 
filed by any person having knowledge of the facts, 
before any court of competent jurisdiction, charging 
said county mine inspector or said State Mine In¬ 
spector, as the case may be, with nonfeasance in 
office and asking that such inspector be bound over 
to the next grand jury for said county, and the 
State’s Attorney for the county in which such viola¬ 
tion occurs shall prosecute such complaint as pro¬ 
vided by law in other State cases. 

Upon final conviction for nonfeasance in office 
under the provisions of this Act, of any State Mine 
Ispector or any county mine inspector, his certificate 
of qualification or of competency, as the case may 
be, shall be thereby invalidated and he shall become 
disqualified from holding such office, and such per¬ 
son shall not be entitled to receive another certifl- 


95 


cate of qualification or of competency, as the case 
may be, within three (3) months from the date of 
such final conviction. (Amended by Act approved 
June 7, 1911, in force July 1, 1911. L. 1911, p. 419.) 

RESCUE STATIONS IN COAL FIELDS. 

An Act to establish and maintain in the coal fields 
of Illinois mine fire fighting and rescue stations. 
Approved March 1910, in force July 1, 1910. 
Title amended by Act approved June 5, 1911, in 
force July 1, 1911. L. 1910, p. 2, and L. 1911, 
p. m- 

Rescue Stations, Number. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That for the purpose of providing prompt and 
efficient means of fighting mine fires and of saving 
lives and property jeopardized by fires, explosions 
or other accidents in coal mines in Illinois, there 
shall be constructed, equipped and maintained at 
public expense three rescue stations to serve the 
northern, the central and the southern coal fields of 
the State. 

Commission, Appointment, Compensation. 

§ 2. The Governor shall appoint a commission, 
consisting of seven members, including two coal 
mine operators, two coal miners, one State Mine 
Inspector, and one representative of the Department 
of Mining at the University of Illinois, and one rep¬ 
resentative of the Federal Bureau of Mines. Said 
commission shall, within ten days after their ap¬ 
pointment, meet and organize by electing one of 
their number chairman and another secretary of 
said commission, who shall hold their respective 
offices for a period of one year from the date of their 
election and until their successors are elected and 
qualified. Members of the said commission shall 


96 


receive ten dollars ($10.00) per clay for services 
rendered, not to exceed twenty-five (25) days during 
any one year, and all members of said commission 
shall be reimbursed for actual expenses while en¬ 
gaged in official work, approved by the commission; 
which commission shall be responsible for the pro¬ 
per carrying out of the provisions of this Act. 
(Amended by Act approved June 5, 1911, in force 
July 1, 1911. L. 1911, p. 424.)* 

Station Sites, Cooperation. 

§ 3. The said commission shall provide or pur¬ 
chase or accept as a gift, suitably located sites for 
the stations, temporary and permanent quarters 
and suitable equipment and materials for the work: 
Provided, however, that the total cost of the equip¬ 
ment and maintenance of the service to July 1, 1911, 
shall not exceed seventy-five thousand (75,000) dol¬ 
lars. The said commission shall further arrange 
for co-operation in the work with mine owners, 
miners and State and Federal organizations so as 
to render the service of the utmost efficiency. 

Plans, State Architect. 

§ 4. The State Architect shall, as provided by 
law, furnish plans and specifications for suitable 
buildings as required by said commission. 

Superintendents and Assistants, Number, Appoint¬ 
ment, Instructions. 

§ 5. The said commission shall appoint for each 
station a superintendent and assistant. Each ap¬ 
pointee shall serve for a term of two years and until 
his successor is appointed anc( qualified, unless 
sooner discharged by the said commission. Each 
appointee before entering upon the duties of his 
office shall take and subscribe to the oath of office 


* Note —This Commission, Supt. etc., abolished. Rights, 
powers, etc. transferred to Dept, of Mines and Minerals. 
See ch. 24 y 2 Sec. 35 and 45, Hurd’s Revised Statute, 
1917. 



97 


as provided by law. The commission shall have 
authority to pay for such assistants as may be 
needed in giving instruction in first aid to the in¬ 
jured and similar technical subjects, and such other 
assistants as may be needed from time to time to 
properly carry on the work of said rescue stations 
and such rescue cars and sub-stations as may be 
installed in connection with said stations, but not 
more than two extra assistants shall be employed 
for each rescue car. (Amended by Act approved 
June 23, 1915, in force July 1, 1915. L. 1915, p. 627.) 

Salaries. 

§ 6. Each station superintendent shall receive 
one hundred and twenty-five dollars per month; and 
each station assistant one hundred dollars per 
month; and each appointee shall receive his neces¬ 
sary and actual expenses. (Amended by Act ap¬ 
proved June 23, 1915, in force July 1, 1915. L. 1915, 
p. 527.) 

Commission, Duty. 

§ 7. The said commission shall supervise the 
work at each of the three stations, shall purchase 
necessary supplies, and shall keep a complete record 
of all operations and expenditures and an invoice 
of all supplies on hand. The commission shall pro¬ 
vide that at each station some representative shall 
be on duty or within call at all hours of the day 
and night for each day of the year. (Amended by 
Act approved June 23, 1915, in force July 1, 1915. 
L. 1915, p. 527.) 

Superintendents, Duty. 

§ 8. Whenever the superintendent of any station 
shall be notified by any responsible person that an 
explosion or accident requiring his services has 
occurred at any mine in the State, he shall proceed 
immediately with suitable equipment and on arrival 
at the said mine shall superintend the work of the 


98 


rescue corps in saving life and property; and lie 
shall co-operate with the State Mine Inspector and 
the management of the mine in the rescue work to 
such extent as is necessary for the protection of 
human life in the mine, during such time as mem¬ 
bers of the rescue corps are under ground and while 
there is reasonable expectation that men entombed 
in the mine may be alive. (Amended by Act ap¬ 
proved June 23, 1915, in force July 1, 1915. L. 1915, 
p. 527.) 

Biennial Report. 

§ 9. The commission shall prepare a biennial 
report to the Governor and the General Assembly 
with necessary illustrations showing the work per¬ 
formed and money expended by the mine rescue 
service; and the State Board of Contracts is hereby 
directed to print and bind said reports promptly, 
and to provide all necessary printing for the mine 
rescue commission out of the appropriations for 
such board of contracts. The Secretary of State 
shall assign to the use of the commission suitably 
furnished rooms in the State House, and shall also 
furnish whatever blanks, blank books, printing, sta¬ 
tionery, instruments and supplies the commission 
may require in the discharge of its duties and for 
use of its employees. (Amended by Act approved 
June 27, 1913, in force July 1, 1913. L. 1913, p. 433.) 

Appropriation. 

§ 10. To carry into effect the provisions of this 
Act, there is hereby appropriated the sum of seven¬ 
ty-five (thousand) dollars ($75,000) of any money 
in the hands of the State Treasurer not otherwise 
appropriated; and the Auditor of Public Accounts 
is hereby directed to draw his warrants on the 
Treasurer on receipt of vouchers, properly certified 
by the chairman and secretary of said commission 
and approved by the Governor. 


99 


MINERS’ EXAMINING BOARD. 

An Act to provide for the safety of persons employed 
in and about coal mines, and to provide for the 
examinations of persons seeking employment 
therein in order that only competent persons 
may be employed as miners, and to create a 
board of examiners for this purpose and to pro¬ 
vide a penalty for the violation of the same, and 
to repeal an Act entitled, “An Act to amend an 
Act entitled, ‘An Act to provide for the safety of 
persons employed in and about coal mines and 
to provide for the examination of persons seek¬ 
ing employment as coal miners, and providing 
penalties for the violation of the same, approved 
June 1, 1908, in force July 1, 1908,’ approved 
June 5, 1909, in force July 1, 1909.” Approved 
June 27, 1913, in force July 1, 1913. L. 1913, 
p. 488. 

Certificate of Competency, Duplicates. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That hereafter no person shall be employed 
or engaged as a miner in any coal mine in 
this State without having first obtained a certificate 
of competency and qualification so to do from the 
“Miners’ Examining Board” of this State, created by 
this Act. Miners who now hold certificates hereto¬ 
fore issued by any board of county mine examiners 
of this State may be permitted on or before July 1, 
1916, to produce before the Miners’ Examining Board 
created by this Act, such county mine examiners’ 
board certificate, or if the same shall have been lost 
or destroyed, satisfactory evidence of its issuance; 
thereupon, such miner shall be entitled to receive 
from the Miners’ Examining Board created by this 
Act, the certificate herein provided for, which sub¬ 
stitute certificate shall be issued without cost to said 
miner. After the first day of July, 1916, no miner’s 
certificate of competency or qualification shall be 


100 


recognized in this State, except those which have 
been or may be hereby issued by the Board created 
by this Act: 

Provided, however, that any such certified miner 
may have one person working with him and under 
his directions as an apprentice for the purpose of 
learning the business of mining and becoming quali¬ 
fied to obtain a certificate in conformity with the 
provisions of this Act. (Amended by Act approved 
June 29, 1915, in force July 1, 1915. L. 1915, p. 525.) 

Miners' Examining Board, Appointment, Etc. 

§ 2. (Repealed by implication. See Civil Admin¬ 
istrative Code.) 

Commissioners' Qualifications, Salary and Expenses. 

§ § 3 and 4. (Repealed by implication, as above.) 

Organization, Secretary, Duties . 

§ 5. Immediately after the appointment or reap¬ 
pointment of a commissioner in each and every 
year, the said board shall organize by selecting one 
of its members president and another secretary for 
the ensuing year, and all records, reports, books, 
papers and other property pertaining to the office 
of said board shall be kept by the secretary. The 
secretary shall be provided with a seal with proper 
device and on the margin thereof shall be the words, 
“Miners’ Examining Board, State of Illinois.” 

Examinations, Time and Place, Notice. 

§ 6. Such board shall hold an examination once 
in each calendar month, in-at least twelve places 
located most conveniently with reference to the 
districts in which coal is mined in the State of Illi¬ 
nois so that all persons in such district or in this 
State, or who may wish to come into this State, for 
the purpose of engaging in mining, may be ex¬ 
amined as to their competency and qualifications. 
Public notice of said examinations shall be given 


101 


through the press or otherwise in the discretion of 
the board, not less than seven days in advance of 
such meeting, which notice shall fix the time and 
place at which any examination under this Act is to 
be held. (Amended by Act approved June 29, 1915, 
in force July 1, 1915. L. 1915, p. 525.) 

Fees. 

§ 7. Each applicant for the certificate provided 
for herein shall pay a fee of $2 to said board. Fees 
so collected during each month shall, before the 10th 
day of the following month, be paid by the board to 
the State Treasurer, together with a report showing 
where and from whom each fee was collected. 

Examinations, Certificates, Record. 

§ 8. All examinations held by said “Miners’ Ex¬ 
amining Board” shall be conducted in the English 
language and shall be of a practical nature so as to 
determine the competency and qualification of the 
applicant to engage in the business of mining. Said 
board shall examine under oath all persons who 
apply for certificates as to their previous experi¬ 
ence as miners and shall grant certificates of com¬ 
petency or qualification to such applicants as are 
qualified, which certificates shall entitle the holder 
thereof to be employed as and to do the work of 
miners in this State. No certificate of competency 
shall issue or be given to any person under this 
Act unless he shall produce evidence of having had 
not less than two years’ practical experience as a 
miner or with a miner, and in no case shall an appli¬ 
cant be deemed competent unless he appear in per¬ 
son before said board and orally answer intelligently 
and correctly at least twelve practical questions pro 
pounded to him by the board pertaining to the re¬ 
quirements and qualifications of a practical miner. 
Said board shall keep an accurate record of its pro¬ 
ceedings and meetings and in said record shall show 
a correct detailed account of the examination of each 


102 


applicant with questions asked and their answers, 
and at each of its meetings the board shall keep said 
record open for public inspection. No miners’ cer¬ 
tificate granted under the provision of this Act shall 
be transferable and any effort to transfer the same 
shall be deemed a violation of this Act. Such certifi¬ 
cates shall be issued only at meetings of said board 
and said certificates shall not be legal unless signed 
by at least two members of said board and sealed 
with the seal of the board issuing such certificates. 

Annual Report . 

§ 9. Said board shall annually on the first day 
of March, report to the Governor, in writing, what 
examinations it has held and what work it has 
done during the preceding year, together with such 
recommendations as it may deem advisable for the 
improvement of the method of holding examinations 
and carrying out the purposes of this Act. 

Violations, Penalties. 

§ 10. No person shall hereafter engage as a 
miner- in any coal mine without having obtained a 
certificate of qualification as provided for in this 
Act, nor shall any person, firm, or corporation em¬ 
ploy as a miner in his, their or its mine in this State, 
any person who does not hold such certificate, nor 
shall any mine foreman, overseer, or superintendent 
permit or suffer any person to be employed under 
him or in any mines under his charge or super¬ 
vision as a miner in any mine in this State, except 
as herein provided, who does not hold such certificate 
of qualification. Any person, firm or corporation 
who shall violate or fail to comply with the pro¬ 
visions of this Act, shall be deemed guilty of mis¬ 
demeanor and on conviction thereof shall be fined in 
any sum not less than one hundred dollars ($100), 
and not more than five hundred dollars ($500), or 
shall be imprisoned in the county jail for a term of 
not less than thirty days, nor to exceed six months, 
at the discretion of the court. 


10S 


Complaints and Prosecution. 

§ 11. It shall be the duty of said “Miners’ Ex¬ 
amining Board” to report all complaints or charges 
of non-compliance with, or violation of the provisions 
of this Act to the State’s attorney of the county in 
which such non-compliance or violation occurs, and 
it shall be the duty of the State’s attorney of the 
county wherein the complaints or charges are made, 
to investigate the same and prosecute all persons so 
offending. 

Oath , Perjury. 

§ 12. In order to more effectively carry out the 
intention and purposes of this Act, the “Miners’ Ex¬ 
amining Board” shall have power to administer 
oaths to any and all persons who are applicants or 
may vouch in any manner for the service or qualifi¬ 
cation of any applicant in order to obtain for him a 
certificate hereunder, and any person who shall wil¬ 
fully swear or falsely testify as to any matter ma¬ 
terial to such examination or as to the service or 
qualification of any applicant, shall be deemed guilty 
of perjury and shall be subject to the penalties 
thereof as prescribed by the criminal code of this 
State. 


Removal of Commissioners. 

§ 13. The Governor shall have the power and 
authority to remove any of said commissioners for 
neglect of duty, incompetency, or malfeasance in 
ocffie, and upon such removal shall appoint a suc¬ 
cessor. 

Invalidity. 

§ 14. The invalidity of any section or part of 
this Act, shall in no manner affect the validity of 
any other part or of this Act, exclusive of such in¬ 
valid part or parts, if any. 


104 


Repeal. 

§ 15. That an Act entitled, “An Act to amend an 
Act entitled, ‘An Act to provide for the safety of 
persons employed in and about coal mines, and to 
provide for the examination of persons seeking em¬ 
ployment as coal miners, and providing penalties 
for the violation of the same, approved June 1, 1908,’ 
approved June 5, 1909, in force July 1, 1909,” be and 
the same is hereby repealed. 

OIL AND GAS WELLS AND LEASES. 

An Act to amend an Act entitled, “An Act in relation 

to sinking, filling and operating of oil or gas 

wells, approved and in force May 16, 1905.” 

Approved and in force June 7, 1911. L. 1911, p. 

$26. 

Section 1. Be it enacted Toy the People of the 
State of Illinois, represented in the General As- 
semhly: That an Act entitled, “An Act in relation 
to sinking, filling and operating of oil or gas wells, 
approved and in force May 16, 1905,” be and the 
same is hereby amended to read as follows: 

Wells, Distance. 

§ 1. No oil or gas well shall be drilled hereafter 
nearer than 250 feet to any opening to a mine used 
as a means of ingress or egress for the persons em¬ 
ployed therein or which is used as an air shaft. 

Statement, Map, Record. 

§ 2. It shall be the duty of any person firm or 
corporation having the custody or control of any 
well drilled for gas or oil, and of the owner of the 
land in which such well is drilled, when the drill 
hole penetrates a coal seam, to file in the office of the 
recorder of the county in which said oil or gas well 
is drilled, and in the office of the State Mining Board, 
within fifteen days after completing said well, a 
statement and map giving the location and depth of 


105 


every well so drilled and the county recorder shall 
file and enter and index the same in the records of 
his office relating to the titles to real property. 

Abandoned Well, Plugging. 

§ 3. Before the casing shall be drawn from any 
well for the purpose of abandonment thereof, which 
has been drilled into any gas or oil bearing rock, it 
shall be the duty of any person, firm or corporation 
having the custody or control of such well at the 
time of such abandonment, and also the owner or 
owners of the land wherein such well is situated, to 
properly and securely stop and plug the same in the 
following manner: Such hole first be solidly filled 
from the bottom thereof to a point at least twenty 
feet above such gas or oil bearing rock with sand, 
gravel or pulverized rock, immediately on the top of 
which filling shall be seated a dry wood plug not 
less than two feet in length, having a diameter of 
not less than one-fourth of an inch less than the in¬ 
side diameter of the casing in such well. And above 
such wooden plug such well shall be solidly filled for 
at least twenty-five feet with the above mentioned 
filling material, immediately above which shall be 
seated another wood plug of the same kind and size 
as above provided, and such well shall again be 
solidly filled for at least twenty-five feet above such 
plug with such filling material. After the casing 
has been drawn from such well there shall imme¬ 
diately be seated at the point where such casing was 
seated a cast iron ball or tampered wood plug at 
least two feet in length, the diameter of which ball 
or the top of which wood plug shall be greater than 
that of the hole below the point where such casing 
was seated, and above such ball or plug such well 
shall be solidly filled to top of well with the afore¬ 
said material. 

Affidavit of Plugging, Recording. 

§ 4. The person, firm or corporation owning or 
having control or custody of any such well, or the 


106 


land in which any such well is situated shall file or 
cause to be filed in the office of the recorder of the 
county in which any such well is located, within 
fifteen days after the same has been plugged, as pro¬ 
vided in section 3, the affidavit of at least two per¬ 
sons who were present during the plugging of such 
well, which affidavit shall be recorded in the record 
books in the office of the recorder of such county, and 
shall set out in detail the manner in which such 
well was plugged and the depth of each such wood 
plugs and iron ball below the surface of the ground, 
and the record of such affidavit shall be prima facie 
evidence in any court of a compliance with the pro¬ 
visions of this Act. 

Fresh Water, Casing Off. 

§ 5. It shall be the duty of any person, firm or 
corporation sinking a well in any oil or gas bearing 
rock, or having sunk such well and maintaining the 
same, to case off and keep cased off all fresh water 
from such well. 

Violations, Penalties. 

§ 6. Any person, firm or corporation violating 
the provisions of section 1, or failing to comply with 
the provisions of section 2 of this Act, or who shall 
fail or refuse to plug a well in the time and manner 
provided in section 3 of this Act, or shall fail or 
neglect to secure and file in the proper recorder’s 
office the affidavit provided for and required in sec¬ 
tion 4 of this Act, or shall fail and neglect to prop¬ 
erly case off fresh water from such well and keep 
the same cased off while said well is maintained, as 
provided in section 5 of this Act, shall be liable to a 
penalty of one hundred dollars ($100) for each and 
every violation thereof, and the further sum of one 
hundred dollars ($100) for each ten days during 
which such violation shall continue, and all such 
penalties shall be recoverable in a civil action 
brought in any court of competent jurisdiction in 
any county in which said violation occurred, brought 


107 


in. the name of the State of Illinois on the relation 
of such county, and for the use and benefit of such 
county, and in all such cases, if there be recovery 
by the State, it shall recover in addition to such pen¬ 
alties a reasonable attorney’s fee. 

§ 7. (Emergency.) 

RELEASE OF FORFEITED MINERAL RIGHTS. 
An Act for the purpose of requiring lessee, his, her 
or their heirs, representatives, successors or as¬ 
signs to release of record coal and other mineral 
leases, when forfeited, and providing a penalty 
for failure , refusal or neglect so to do. Became a 
law without the Governor's approval July 12. 
1913, in force July 1, 1913. L. 1913, p. 437. 

Forfeited Coal or Mineral Lease, Release, Recording. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General As¬ 
sembly: When any lease on land heretofore or here¬ 
after taken for the purpose of prospecting for coal 
or other mineral, or for the purpose of mining the 
coal or other mineral from said land, so leased, shall 
become forfeited by the terms of said lease or the 
acts of said lessee, his, her, or their heirs, represen¬ 
tatives, successors or assigns, it shall be the duty of 
said lessee, his, her or their heirs, representatives, 
successors or assigns, within sixty days from the 
time this Act shall take effect, if such forfeiture 
take effect prior thereto, and within sixty days from 
the date of forfeiture of any and all other leases, to 
have such lease or leases, released of record in the 
county where such land is situated, without any 
cost to the owner or owners of the land; and any 
failure so to do after notice and demand shall con¬ 
stitute a misdemeanor and shall subject the offender 
to a fine of not more than two hundred dollars. 

Mandamus, Attorney's Fees. 

§ 2. Whenever the lessee of any coal or other 
mineral lands, or the person, firm, company or cor- 


108 


poration, .owning, holding or having control of any 
such lease shall allow the same to become forfeited, 
or by his, her or their acts shall forfeit the same, 
and shall refuse, fail or neglect to cause the same to 
be released of record in the county where said lands 
are situated, the lessor or owner of said lands may 
begin and maintain a civil action to compel said 
party to release the same of record and upon judg¬ 
ment being rendered decreeing said lease forfeited 
and directing the release, the said lessee, or the per¬ 
son, firm, company or corporation owning, holding or 
controlling said lease, shall be decreed to pay all 
costs accruing by said action, including a reasonable 
attorney fee to be taxed as cost. 


REQUIRING RELEASE OF OIL OR GAS RIGHTS 
WHEN FORFEITED. 

An Act for the purpose of compelling oil or gas 
leases, when forfeited, to be released of record 
and providing a penalty therefor. Approved 
May 27, 1907, in force July 1, 1907. L. 1907, 
p. IfOO. 

Forfeited Oil or Gas Lease, Release, Recording. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: When any lease on land heretofore or here¬ 
after taken for the purpose of prospecting for oil 
or natural gas or operating oil or gas wells upon 
lands so leased, shall become forfeited by the terms 
of said lease or the acts of the lessee, it shall be 
the duty of the lessee, his, her or their successors 
or assigns within sixty days from the date this Act 
shall take effect, if such forfeiture take effect prior 
thereto, and within sixty days from the day of for¬ 
feiture of any and all other leases, to have such 
lease or leases released of record in the county where 
such land is situated, without any cost to the owner 
or owners of the land; and any failure so to do shall 


109 


constitute a misdemeanor and shall subject the 
offender to a fine of not more than two hundred 
dollars. 

Mandamus, Attorney's Fees. 

§ 2. Whenever the lessee of any oil or natural 
gas lands or the person, firm, company or corpora¬ 
tion, only holding or having control of any such 
lease shall allow the same to become forfeited, or 
by his, her or their acts shall forfeit the same, and 
shall refuse, fail or neglect to cause the same to 
be released of record, the lessor, or owner of said 
lands, may begin a civil action to compel said party 
to release the same of record and upon judgment 
being rendered 'decreeing said lease forfeited and 
directing the release, the said lessee, or his assigns, 
shall be decreed to pay all costs by such action 
including a reasonable attorney fee to be taxed as 
costs. 


REGULATING THE CHARACTER OF PERMIS¬ 
SIBLE EXPLOSIVES. 

An Act to promote the safety of persons and prop¬ 
erty in coal mines by regulating the character 
of permissible explosives sold to be used in 
coal mines. Approved June 26, 1913, in force 
July 1, 1913. L. 1913, p. Jfc31. 

Permissible Explosives, Specifications. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That all permissible explosives for use in 
blasting coal in the State of Illinois shall conform 
to the following specifications: 

(a) All permissible explosives offered for sale 
in the State of Illinois shall have printed on each 
cartridge and individual package the name of the 
manufacturer, the registered trade mark, brand, 
grade and a statement that it conforms in strength 


110 


to that grade and brand established by the United 
States Bureau of Mines. 

(b) Each shipping case shall have marked on 
it the total weight of explosives contained therein, 
and the average weight, length and diameter of each 
stick contained therein. 

(c) Each shipping case containing permissible 
explosives shall be marked “Permissible Explosives.” 

(d) Each ingredient of a permissible explosive 
shall not vary more than the permitted variation 
established by the United States Bureau of Mines. 

Samples. 

§ 2. State mine inspectors, county mine inspec¬ 
tors, and the accredited representatives of the coal 
operators and coal miners shall have authority to 
sample permissible explosives used for blasting pur¬ 
poses in coal mines in the State of Illinois, or kept 
on hand for sale, or intended for shipment for use 
in such mines, and for such purposes, they may 
enter upon the premises of any person, firm or cor¬ 
poration. 

Place of Testing. 

§ 3. If the State mine inspectors, county mine 
inspectors, or the accredited representatives of the 
coal operators or coal miners shall desire to have 
said samples tested for content, they shall send the 
same to the United States Bureau of Mines for that 
purpose. 

Testing Samples. 

§ 4. When such samples are intended to be tested 
for content, they must be taken at the mill or ware¬ 
house of the manufacturer or manufacturer’s agent 
or in the railroad car for shipment at said mill or 
warehouse or the magazine at the mine, and said 
samples shall be taken in accordance with the rules 
established by the United States Bureau of Mines. 


Ill 


Violations, Prosecution. 

§ 5. If samples of permissible explosives when 
tested as provided for in this Act shall be found not 
to comply with the provisions herein, the person, 
firm or corporation guilty of violating the pro¬ 
visions of this Act shall be prosecuted in accord¬ 
ance with the provisions hereof. 

Storing Explosives. 

§ 6. Permissible explosives shall be stored in 
magazines constructed in accordance with plans that 
shall be approved by the State Mine Inspector of 
the district in which the mine is located. 

Magazines, Construction. 

§ 7. Every magazine shall be provided with a 
wooden floor which shall be kept free -from grit and 
dirt. If more than one kind of explosive is kept in 
the same magazine, the magazine shall be divided 
into rooms by partitions; the different kinds of ex¬ 
plosives shall be kept in different rooms, but no 
detonaters, or blasting caps, or any device contain¬ 
ing fulminating composition shall be kept in the 
same magazine with any explosive. All detonators, 
blasting caps or any device containing fulminating 
composition shall be kept separate in a safe and dry 
receptacle apart from any other explosive. 

Mis-stamping, Etc. 

§ 8. Any person, firm or corporation changing 
any stamp, brand, or specification denoting the con¬ 
tents of any package or cartridge shall be subject to 
the penalties provided for herein. 

Penalties. 

§ 9. Any person, firm or corporation who shall 
sell for use in the coal mines in this State any per¬ 
missible explosive not stamped as herein required, 
or who shall knowingly sell for use in coal mines in 
this State any permissible explosive which is un- 


112 


truthfully branded or stamped, and any person, firm 
or corporation being a manufacturer of permissible 
explosives, or the agent of any such manufacturer 
of permissible explosives, who shall sell for use in 
any coal mine in this State any permissible ex¬ 
plosive which shall not conform to the requirements 
of this Act, shall be punishable by a fine of not ex¬ 
ceeding one hundred dollars ($100) or by imprison¬ 
ment in the county jail for not exceeding ninety 
(90) days, or both, in the discretion of the court: 
Provided, that nothing in this Act shall be construed 
to apply to permissible explosives shipped prior to 
this Act taking effect. 

REGULATING THE USE OF BLACK POWDER. 
An Act to promote the safety of persons and prop¬ 
erty in coal mines by regulating the character of 
black blasting powder sold to be used in coal 
mines. Approved June 7, 1911, in force July 1, 
1911. L. 1911, p. 385. 

Black Powder, Specifications. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General As¬ 
sembly: That black powder for use for blasting in 
coal mines shall conform to the following specifica¬ 
tions: 

(a) It shall have specific gravity of not less 
than 1.74 nor more than 1.90. 

(b) It shall have a moisture content of not to 
exceed 1 per cent at the time when shipped by the 
manufacturer or his agent. 

(c) Said powder shall be sold for use in coal 
mines only in seven sizes of granulation, to be de¬ 
termined as follows: 

CCC shall be powder which shall pass through 
a screen having round hole perforations of 40/64 of 
an inch in diameter and remain on a screen having 
round hole perforations of 32/64 of an inch in 
diameter. 


113 


CC shall be powder which shall pass through a 
screen having round hole perforations of 36/64 of an 
inch in diameter and remain on a screen having 
round hole perforations of 24/64 of an inch in 

diameter. 

C shall be powder which shall pass through a 
screen having round hole perforations of 27/64 of an 
inch in diameter and remain on a screen having 
round hole perforations of 18/64 of an inch in 

diameter. 

F shall be powder which shall pass through a 
screen having round hole perforations of 20/64 of an 
inch in diameter and remain on a screen having 
round hole perforations of 12/64 of an inch in 

diameter. 

FF shall be powder which shall pass through 
a screen having round hole perforations of 14/64 of 
an inch in diameter and remain on a screen having 
round hole perforations ■ of 7/64 of an inch in 

diameter. 

FFF shall be powder which shall pass through 
a screen having round hole perforations of 9/64 of 
an inch in diameter and remain on a screen having 
round hole perforations of 3/64 of an inch in 

diameter. 

FFFF shall be powder which shall pass through 
a screen having round hole perforations of 5/64 of 
an inch in diameter and remain on a screen having 
round hole perforations of 2/64 of an inch in 

diameter. 

In testing powder for size of granulation as 
herein required, it shall be permissible for a given 
size to contain not to exceed 7y 2 per cent by weight 
of grains of the size next larger and 7% by weight 
of grains of the size next smaller. 

Stamping. 

§ 2. All black powder sold for use in coal mines 
in this State shall have plainly stamped on the keg 
or package in which it is contained the letter show- 


114 


ing the size of granulation according to the require¬ 
ments of this Act. 

Unlawful Sale, Penalty. 

§ 3. Any person, firm or corporation who shall 
sell for use in coal mines in this State any black 
powder not stamped as herein required, or who shall 
knowingly sell for use in coal mines in this State 
any powder which is untruthfully branded or 
stamped, and any person, firm or corporation being 
a manufacturer of black powder, or the agent of any 
such manufacturer of black powder who shall sell 
for use in any coal mine in this State, any powder 
which shall not conform to the requirements of this 
Act in respect to the specific gravity and moisture 
content shall be guilty of a misdemeanor, and shall 
be punishable by a fine of not exceeding $100.00 or 
by imprisonment in the county jail for not exceed¬ 
ing ninety (90) days, or both, in the discretion of 
the court. 

Samples and Tests. 

§ 4. (a) State mine inspectors and deputy mine 
inspectors shall have authority to sample black 
blasting powder used for blasting purposes in coal 
mines in this State, or kept on hand for sale or in¬ 
tended for shipment for use in such mines, and for 
such purpose they may enter upon the premises of 
any person. 

(b) An inspector when sampling black blasting 
powder shall secure as accurate an average sample 
as is practicable, and shall test the granulation of 
such sample with the screens provided for in this 
Act. 

(c) If the inspector shall desire to have said 
sample tested for specific gravity or moisture con¬ 
tent, he shall send the same to the State Mining 
Board for that purpose, and when such samples are 
intended to be tested for moisture content, they must 
be taken at the mill or warehouse of the manu- 


115 


facturer or manufacturer’s agent, or in the railroad 
car for shipment at said mill or the warehouse; and 
said samples when so taken shall be immediately 
sealed moisture-proof before being sent to the State 
Mining Board. 

When such samples are received by the State 
Mining Board they shall cause the same to be prop¬ 
erly and accurately tested for specific gravity and 
for moisture content. 

(d) If samples of powder when sampled and 
tested as provided in this Act shall be found not to 
comply with the provisions herein, the person, firm 
or corporation guilty of violating the provisions of 
this Act shall be prosecuted in accordance with the 
provisions hereof. 


WASH ROOMS FOR EMPLOYEES. 

An Act to provide for wash rooms in certain em¬ 
ployments to protect the health of employees 
and secure public comfort. Approved June 
26. 1913, in force July 1, 1913. L. 1913, p. 359. 

Wash Rooms, Establishment. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That every owner or operator of a coal mine, 
steel mill, foundry, machine shop, or other like 
business in which employees become covered with 
grease, smoke, dust, grime and perspiration to such 
extent that to remain in such condition after leav¬ 
ing their work without washing and cleansing their 
bodies and changing their clothing, will endanger 
their health or make their condition offensive to 
the public, shall provide and maintain a suitable 
and sanitary wash room at a convenient place in 
or adjacent to such mine, mill, foundry, shop or 
other place of employment for the use of such em¬ 
ployees. 


116 


Wash Rooms, Requirements. 

§ 2. Such wash room shall be so arranged that 
employees may change their clothing therein, and 
shall be sufficient tor the number of employees en¬ 
gaged regularly in such employment; shall be pro¬ 
vided with lockers or hangers in which employees 
may keep their clothing; shall be provided with hot 
and cold water and with sufficient and suitable 
places and means for using the same; and during 
cold weather, shall be sufficiently heated. 


Inspection. 

§ 3. It shall be the duty of the State and county 
mine inspectors, factory inspectors and other in¬ 
spectors required to inspect places and kinds of 
business required by this Act to be provided with 
wash rooms, to inspect such wash rooms and report 
to the owner or operator, the sanitary and physical 
condition thereof in writing, and make recommenda¬ 
tions as to such improvements or changes as may 
appear to be necessary for compliance with the 
provisions of this Act. 


Violation, Penalty. 

§ 4. Any owner or employer who shall fail or 
refuse to comply with the provisions of this Act 
shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be fined not more than one 
hundred dollars. 


Second Offense, Etc., Penalty. 

§ 5. Any owner or employer who shall be con¬ 
victed of a violation of the provisions of this Act 
shall be subject to a conviction for succeeding of¬ 
fences for each and every day he shall neglect or 
refuse to comply herewith. 


117 


CAPITAL STOCK OWNERSHIP. 

An Act to authorize mining or manufacturing com¬ 
panies to own and hold shares of the capital 
stock, and to own and hold securities of rail¬ 
road companies whose roads shall connect the 
different plants of such mining or manufactur¬ 
ing companies with each other, or with other 
railroads or harbors. Approved June 11, 1897, 
in force July 1, 1897. L. 1897, p. 285. 

Capital Stock, Authority to Own. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That any corporation organized, or to be organ¬ 
ized, under and by virtue of any law of this State, 
for mining or manufacturing purposes, be and the 
same is hereby authorized to own and hold shares 
of the capital stock, and to own and hold securities 
of any railroad company or companies when such 
railroad or railroads shall connect the different 
plants of such mining or manufacturing companies 
with each other, or with other railroads or harbors: 
Provided, that said mining or manufacturing com¬ 
panies shall not be permitted to hold stock in more 
than one railroad connecting the same points. 

DEPARTMENT OF MINING ENGINEERING AT 
UNIVERSITY OF ILLINOIS. 

An Act authorizing and directing the establishment 
of a department of mining engineering in the 
College of Engineering, at the University of Illi¬ 
nois, and providing for the support of the same. 
Approved June 8, 1909, in force July 1, 1909. 
L. 1909, p. 1,3. 

Department of Mining Engineering. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That the trustees of the University of Illinois 


118 


be authorized and directed to establish, in the Col¬ 
lege of Engineering, at the university, a department 
of mining engineering. 

Courses 0 / Instruction. 

§ 2. That the said department of mining engi¬ 
neering shall offer such courses of instruction relat¬ 
ing to the science and practice of mining as will 
best serve to train young men for efficient work in 
the various phases of the mining industry. 

Dissemination of Scientific Facts. 

§ 3. That in addition to its work of instruction, 
the said department of mining engineering shall, so 
far as practicable, concern itself with the develop¬ 
ment and dissemination of such scientific facts as 
are likely to be of service in improving the practice 
of mining, with reference to efficiency in operation, 
to the security of life in the mines, and to the con¬ 
servation of the fuel and other mineral resources 
of the State. 

Appropriation. 

§ 4. That there be and hereby is appropriated to 
the University of Illinois, to meet the cost of estab¬ 
lishing and maintaining the said department of min¬ 
ing engineering, the sum of seven thousand five 
hundred ($7,500) dollars per annum. 

Warrants. 

§ 5. The Auditor of Public Accounts is hereby 
authorized and directed to draw his warrant on the 
treasurer for the sum hereby appropriated; payable 
out of any money in the treasury not otherwise ap¬ 
propriated, upon the order of the board of trustees 
of said university, attested by its secretary and with 
the corporate seal of said university thereto at¬ 
tached. 


119 


TRESPASS AND INTIMIDATION. 

An Act to revise the law in relation to criminal jur¬ 
isprudence. Approved March 27, 1874, in force 
July 1, 1874. 

Intimidation, Penalty. 

§ 160. Whoever enters a coal bank, mine, shaft, 
manufactory, building or premises of another, with 
intent to commit any injury thereto, or by means 
of threats, intimidation or riotous or other unlawful 
doings, to cause any person employed therein to 
leave his employment, shall be fined not exceeding 
$500, or confined in the county jail not exceeding 
six months, or both. 

Tresspass, Penalty. 

§ 268. Whoever, without authority of law and 
not being the owner or agent of adjoining land, 
enters the coal bank, mine, shaft, manufactory, or 
place where workmen are employed, of another, 
without the expressed or implied consent of the 
owner or manager thereof, after notice that such 
entry is forbidden, shall be fined not exceeding $200, 
or confined in the county jail not exceeding six 
months, in the discretion of the court. 


INFORMATION. 

An Act to require inspectors of mines to furnish 
information to the State Geologist, and to pro¬ 
vide for paying the expenses of the same. Ap¬ 
proved June 18, 1891, in force July 1, 1891. L. 
1891, p. 167. 

Information, Duty of Inspectors. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General Assem¬ 
bly: That in addition to the duties now prescribed 
by law, it shall hereafter be the duty of the State 


120 


inspectors of coal mines to procure for, and under 
the direction of, the State Geologist, a true record 
of the various strata through which coal shafts are 
sunk, or borings for coal, oil, gas or artesian water 
are made in their respective districts, also to deter¬ 
mine the altitude of the top of said shafts or bore 
holes, above some specified point on the nearest rail¬ 
road, or other point whose elevation may be readily 
ascertained; and also to determine the dip of the 
coal stratum in all mines which are being operated. 
The additional duties herein prescribed for said in 
spector shall be discharged at such times and in 
such manner as not to interfere with their primary 
duties as inspectors of mines, and they shall report 
the results of their observations, from time to time, 
to the State Geologist. 

Expenses, Payment. 

§ 2. The actual and necessary traveling expenses 
of said inspectors, in the discharge of their public 
duties, shall be allowed and paid from the same 
fund and in the same manner as that in which com¬ 
pensation for their services is now paid, and upon 
itemized quarterly accounts, verified by the affi¬ 
davit, and approved by the secretary of the Com¬ 
missioner of Labor Statistics and the Governor. 

MINING INVESTIGATION COMMISSION. 

Section 1. Be it enacted by the People of the 
State of Illinois, represented in the General As¬ 
sembly: That a commission be established, to be 
known as the Mining Investigation Commission of 
the State of Illinois, consisting of three coal mine 
owners and three coal miners appointed by the Gov¬ 
ernor, together with three qualified men, no one of 
whom shall be identified or affiliated with the inter¬ 
ests of either of the mine owners or coal miners or 
dependent upon the patronage or good will of either, 
nor in political life who shall be appointed by the 
Governor. 


121 


Each member of the said commission shall have 
equal authority, power and voting strength in con¬ 
sidering and acting upon any matters which may be 
brought to the attention of the commission and on 
which the commission may act and the said commis¬ 
sion shall have power and authority to investigate 
the methods and conditions of mining in the State of 
Illinois with special reference to the safety of human 
lives and property and the conservation of coal de¬ 
posits. 

§ 2. In making an investigation as contemplated 
in this Act, said commissioners shall have the power 
to issue subpoenas for the attendance of witnesses, 
which shall be under the seal of the commission and 
signed by the chairman or secretary of said commis¬ 
sion. 

In case any person shall wilfully fail or refuse to 
obey such subpoena, it shall be the duty of the Circuit 
Court of any county, upon application of the said 
commissioners, to issue an attachment for such wit¬ 
ness, and compel such witness to attend before the 
commissioners, and give his testimony upon such 
matters as shall be lawfully required by such com¬ 
missioners; and the said court shall have the power 
to punish for contempt, as in other cases of refusal 
to obey the process and order of such court. 

The fees of witnesses shall be the same as in the 
courts of record and shall be paid out of the appropri¬ 
ation hereinafter made. 

And upon order duly entered of record by the 
said commission any one or more members of the 
said commission shall be empowered to take testi¬ 
mony touching the matters within the jurisdiction of 
the said commission and report the same to the said 
commission. 

Said commission shall have power and are au¬ 
thorized to adopt a seal and to make such rules not 
inconsistent with or contrary to law for the govern¬ 
ment of proceedings before it, as it may deem proper 
and shall have the same power to enforce such rule? 


122 


and to preserve order and decorum in its presence as 
is vested by the common law or statute of this State 
in any court of general jurisdiction. 

§ 3. Said commission shall meet at the State 
capitol building in Springfield on the second Tuesday 
after notice of their appointment and shall imme¬ 
diately elect a chairman and secretary from among 
their number, one of whom shall be a coal mine 
owner and the other a coal miner. Said commission 
shall cause a record to be kept of all its proceedings. 

Five members of the said commission shall con¬ 
stitute a quorum for the transaction of business, but 
a less number than a quorum may adjourn the meet¬ 
ing of the commission from time to time. 

Meetings of the said commission other than 
called meetings, as provided for herein, may be held 
at such times and places within the State of Illinois, 
as may be fixed by the said commission. 

A meeting of the said commission shall be held 
upon the written request of any three members of 
the said commission signed by them and delivered to 
the secretary, who shall, upon receipt of such request, 
notify each member of said commission by mail of 
such meeting so to be held, and the time and place 
thereof. And no such meeting shall be held less than 
five days after the mailing of notice of the said meet- 
ign to the members of said commission by the secre¬ 
tary. 

Such called meeting shall be held either in 
Springfield or Chicago. 

§ 4. Said commission shall report to the Governor 
and to the General Assembly at its next regular ses¬ 
sion, submitting, so far as they have unanimously 
agreed, a proposed revision of mining laws of the 
State, together with such other recommendations as 
to the commission shall seem fit and proper relating 
to mining in the State of Illinois. 

And where there is not unanimous agreement 
upon any recommendation there shall be submitted 
in like manner separate reports embodying the rec- 


123 


ommendations of any one or more members of the 
said commission, which said reports shall each set 
forth in detail the recommendation of the commis¬ 
sioner or commissioners signing said report and shall 
embody his or their respective reasons for such rec¬ 
ommendations and his or their objection to the report 
of other members of the commission. The duties and 
functions of said commission shall cease and the 
terms of office of the respective commissioners shall 
terminate upon the adjournment of the Fifty-second 
General Assembly. 

§ 5. The members of said commission who are 
coal mine owners and coal miners, as aforesaid, shall 
receive no compensation for their services. The re¬ 
maining three members of the commission shall re¬ 
ceive as compensation for their services the sum of 
$10.00 per day for each day actually employed by 
them as such commissioners. All members of the 
said commission shall be reimbursed for their actual 
expenses incurred in and about the actual work of 
said commission. 

Said commission may appoint a stenographer or 
clerk and such other employees as are necessary and 
shall fix their compensation and may incur such other 
expenses as are properly incidental to the work of 
the commission. 

§ 6. The sum of seven thousand dollars 
($7,000.00), or as much thereof as may be necessary, 
is hereby appropriated for the postage, stationery, 
clerical and expert services, and incidental traveling 
expenses of the commission, and the per diem of 
members as herein authorized, and the Auditor of 
Public Accounts is hereby authorized to draw his 
warrant for the foregoing amount, or any part there¬ 
of, in payment of any expenses, charges or disburse¬ 
ments authorized by this Act, on order of this com¬ 
mission, signed by its chairman, attested by its secre¬ 
tary, and approved by the Governor. 

The Department of Public Works and Buildings 
is hereby authorized and directed to provide all nec- 


124 


essary printing for the mining investigating com¬ 
mission, and testimony taken by it shall be reported 
in full and may be published from time to time by 
the commission. 

RULES AND REGULATIONS GOVERNING EX¬ 
AMINATIONS. 

Oral and Written. 

1. The examination of all candidates shall con¬ 
sist of a written and oral part. 

State Mine Inspectors' Examination, Time of Holding. 

2. The written examination for State Mine In¬ 
spectors will be held on Tuesday following registra¬ 
tion, at 9:00 o’clock a. m., the morning session closing 
at 12 m. The afternoon session will begin at 2:00 
o’clock p. m., and close at 5:00 o’clock p. m. 

Training and Experience Questions, Where Answered. 

3. Each candidate for a certificate shall answer 
a set of questions as to training and experience. 
These questions can be taken to his room and answers 
presented when candidate presents himself for the 
oral examination. 

Examination Papers, Designation and Numbering. 

4. Numbers will be assigned to each candidate, 
with which his examination paper shall be marked 
and by which only he shall be known until after his 
written examination has been corrected and graded. 

Oral Examination, When Held. 

5. The oral examination of each candidate shall 
be had separately after the written examination shall 
be completed, and the applicant shall be called for 
this purpose by the number assigned him. 

Questions, Nature, Classification, Numbering. 

6. Questions for each examination shall be uni¬ 
form and shall consist of: 

For Mine Inspectors.24 written questions; 



125 


For Mine Manager— 

First class. 

Second class. 

For Mine Examiners.. 
For Hoisting Engineer 


.20 written questions; 

. 10 written questions, 
.15 written questions; 
.15 written questions. 


The written part of the examination shall be 
divided as follows: 


For Mine Inspectors 
For Mine Manager— 

First class. 

Second class. 


12 questions, morning 
12 questions, afternoon 

10 questions, morning 
10 questions, afternoon 
10 questions, morning 


session, 

session; 

session, 

sessions, 

session; 


For Hoisting Engineer and Mine Examiner. 

.15 questions, morning session. 


These questions shall be prepared by the Director 
of the Department of Mines and Minerals, or under 
his direction. 


Manner of Conducting Examination. 

7. All candidates, being assembled, shall be as¬ 
signed to separate desks, provided with writing ma¬ 
terial, and each candidate shall be given a list of 
printed questions required to be answered, also a 
printed card, numbered, on which to ascribe his name 
and address. This card shall be enclosed in a sealed 
envelope and retained by him to present when he is 
called for oral examination, the same to be opened by 
the examiner and passed to the person keeping the 
records of the examination. This will be after the 
written work has been graded and posted. 

Marking and Rating. 

8. A system of marking shall be established 
which shall show the record made by each candidate 
in the written, oral, training and personal experience, 
the sum of which shall be the final rating of each 
candidate. 










126 


Grading Papers. 

9. A minimum shall be established above which 
candidates must be graded in order to pass the ex¬ 
amination and receive a certificate of competency. 

Affidavit of Qualification. 

10. All candidates who appear before the Mining 
Board for examination must make an affidavit setting 
forth the following facts as to residence, age, experi¬ 
ence, etc. 

Registration Requirements. 

11. Any person appearing for registration in an 
intoxicated condition will not be permitted to register 
for the examination, and if after registering a person 
appears in an intoxicated condition prior to the time 
of taking examination, he will not be allowed to take 
such examination. 

Amendment of Rules. 

12. The Mining Board shall have a right at any 
time to add to or modify these rules in any way, pro¬ 
viding the changes shall have been put in writing and 
presented at one meeting prior to their adoption. 


127 


WORKMEN'S COMPENSATION ACT. 


An Act to promote the general ivelfare of the people 
of this State by providing compensation for ac¬ 
cidental injuries or death suffered in the course 
of employment within this State; providing for 
the enforcement and administering thereof, and 
a penalty for its violation, and repealing an Act 
entitled, “An Act to promote the general welfare 
of the people of this State by providing compensa¬ 
tion for accidental injuries or death suffered in 
the course of employment,” approved June 10, 
1911, in force May 1, 1912. (Approved June 28, 
1913, in force July 1, 1913, with amendments in 
force July 1, 1919. 

Section 1. Employer—notice.] That an em¬ 
ployer in this State, who does not come within the 
classes enumerated by section three (3) of this Act, 
may elect to provide and pay compensation for ac¬ 
cidental injuries sustained by any employee arising 
out of and in the course of the employment accord¬ 
ing to the provisions of this Act, and thereby relieve 
himself from any liability for the recovery of dam¬ 
ages, except as herein provided. 

(a) Election by any employer to provide and 
pay compensation according to the provisions of this 
Act shall be made by the employer filing notice of 
such election with the Industrial Board. 

(b) Every employer within the provisions of 
this Act who has elected to provided [provide] and 
pay compensation according to the provisions of this 
Act, shall be bound thereby as to all his employees 
covered by this Act until January 1st of the next 
succeeding year and for terms of each year there¬ 
after: Provided, any such employer who may have 



128 


once elected, may elect not to provide and pay the 
compensation here in provided for accidents resulting 
in either injury or death and occurring after the 
expiration of any such calendar year by filing notice 
of such election with the Industrial Board at least 
sixty days prior to the expiration of any such calen¬ 
dar year, and by posting such notice at a conspicuous 
place in the plant, shop, office, room or place where 
such employee is employed, or by personal service, in 
written or printed form, upon such employee, at 
least sixty (60) days prior to the expiration of any 
such calendar year, 

(c) In the event any employer mentioned in this 
section, elects to provide and pay the compensation 
provided in this Act, then every employee of such 
employer, as a part of his contract of hiring or who 
may be employed at the time of the taking effect of 
this Act and the acceptance of its provisions by such 
employer, shall be deemed to have accepted all the 
provisions of this Act and shall be bound thereby 
unless within thirty (30) days after such hiring or 
after the taking effect of this Act, and its acceptance 
by such employee, he shall file a notice to the con¬ 
trary with the Industrial Board, whose duty it shall 
be to immediately notify the employer, and until 
such notice to the contrary is given to the employer, 
the measure of liability of such employer shall be 
determined according to the compensation provisions 
of this Act: Provided , however, that any employee 
may withdraw from the operation of this Act upon 
filing a written notice of withdrawal at least ten 
(10) days prior to January 1st of any year with the 
Industrial Board, whose duty it shall be to immedi¬ 
ately notify such employer by registered mail, and, 
until such notice to the contrary is given to such 
employer, the measure of liability of such employer 
shall be determined according to the compensation 
provisions of this Act. 

(d) Any such employer or employee may, with¬ 
out prejudice to any existing right or claim, with 


129 


draw his election to reject this Act by giving thirty 
(30) days’ written notice in such manner and form 
as may be provided by the Industrial Board. (Amend¬ 
ed by Act approved June 25, 1917.) 

§ 2. Repealed.] Section two of an Act entitled, 
“An Act to promote the general welfare of the people 
of this State by providing compensation for ac¬ 
cidental injuries or death suffered in the course of 
employment within this State; providing for the en¬ 
forcement and administering thereof, and a penalty 
for its violation, and repealing an Act entitled, ‘An 
Act to promote the general welfare of the people of 
this State by providing compensation for accidental 
injuries or death suffered in the course of employ¬ 
ment, approved June 10, 1911, in force May 1, 191.2,’ ” 
approved June 28, 1913, in force July 1, 1913, as sub¬ 
sequently amended, is hereby repealed. (Amended 
by Act approved June 25, 1917. 

§ 3. Applies Automatically.] The provisions of 
this Act hereinafter following shall apply auto¬ 
matically, and without election to the State, county, 
city, town, township, incorporated village or school 
district, body politic or municipal corporation, and 
to all employers and their employees, engaged in any 
of the following enterprises or businesses which are 
declared to be extra hazardous, namely: 

1. The erection, maintaining, removing, remodel¬ 
ing, altering or demolishing of any structure, except 
as provided in sub-paragraph 8 of this section. 

2. Construction, excavating or electrical work, 
except as provided in sub-paragraph 8 of this section. 

3. Carriage by land or water and loading or un¬ 
loading in connection therewith, including the dis¬ 
tribution of any commodity by horse-drawn or motor 
driven vehicle where the employer employs more 
than three employees in the enterprise or business, 
except as provided in sub-paragraph 8 of this section. 

4. The operation of any warehouse or general or 
terminal store houses. 

5. Mining, surface mining or quarrying. 


130 


6. Any enterprise in which explosive-materials 
are manufactured, handled or used in dangerous 
quantities. 

7. In any enterprise wherein molten metal, or 
explosive or injurious gases or vapors, or inflam¬ 
mable vapors or fluids, or corrosive acids, are manu¬ 
factured, used, generated, stored or conveyed in 
dangerous quantities. 

8. In any enterprise in which statutory or mu¬ 
nicipal ordinance regulations are now or shall here¬ 
after he imposed for the regulating, guarding, use 
or the placing of machinery or appliances or for the 
protection and safeguarding of the employees or the 
public therein; each of which occupations, enter¬ 
prises or businesses are hereby declared to be extra 
hazardous: Provided, nothing contained herein shall 
be construed to apply to any work, employment or 
operations done, had or conducted by farmers and 
others engaged in farming, tillage of the soil, or 
stock raising, or to those who rent, demise or lease 
land for any such purposes, or to any one in their 
employ or to any work done on a farm, or country 
place, no matter what kind of work or service is 
being done or rendered. (Amended by Act approved 
June 28, 1919.) 

§ 3^. Pleadings—certificate.] (a) If the plain¬ 
tiff in any action mentioned in section 3 shall in his 
declaration or in his other pleading allege that the 
employer has filed notice of his election not to pro¬ 
vide and pay compensation according to the pro¬ 
visions of the Workmen’s Compensation Act and 
such allegation be not denied by a verified pleading, 
then such employer shall for the purpose of that 
action be conclusively presumed to have filed his 
notice of non-election. 

(b) A certificate of the fact of the filing by an 
employer of the notice of non-election provided in 
section 2 and of the non-withdrawal thereof shall be 
prima facie proof in any action mentioned in section 
3 of the fact of the filing of such notice of non-elec- 


131 


tion and of the non-withdrawal thereof. Such cer¬ 
tificate may be under the seal of the Industrial 
Board and signed by any member or the secretary 
thereof, of which seal and signature as such officer 
the court shall take judicial notice. Said certificate 
may be in substantially the following form: 

This is to certify that the attached is a correct 
copy of notice filed with the Industrial Board by 

.on the..day 

of.. 19...., electing not to 

provide and pay compensation according to the pro¬ 
visions of the Workmen’s Compensation Act of Illi¬ 
nois, and that the original of said notice is now on 
file in the office of the Industrial Board and has not 
been withdrawn since the date of the filing thereof. 

In witness whereof, this certificate has been sub¬ 
scribed and the seal of the Industrial Board affixed 
this.day of., 19... 


.of Industrial Board. 

(Amended by Act approved May 31, 1917.) 

§ 4. Term “employer” how construed.] The 
term “employer” as used in this Act shall be con¬ 
strued to be: 

First —The State, and each county, city, town, 
township, incorporated village, school district, body 
politic, or municipal corporation therein. 

Second —Every person, firm, public or private 
corporation, including hospitals, public service, ele¬ 
emosynary, religious or charitable, corporations or 
associations who has any person in service or under 
any contract for hire, express or implied, oral or 
written, and who is engaged in any of the enter¬ 
prises or businesses enumerated in section three (3) 
of this Act, or who at or prior to the time of the 
accident to the employee for which compensation 
under this Act may be claimed, shall in the manner 
provided in this Act, have elected to become subject 
to the provisions of this Act, and who shall not, 
prior to such accident, have effected a withdrawal 









132 


of such election in the manner provided in this Act 
(Amended by Act approved June 25, 1917.) 

§ 5. Term “employee”—how construed.] The 
term “employee” as used in this Act, shall he con¬ 
strued to mean: 

First —Every person in the service of the State, 
county, city, town, township, incorporated village or 
school district, body politic or municipal corpora¬ 
tions therein, under appointment, or contract of hire, 
express or implied, oral or written, except any offi¬ 
cial of the State, or of any county, city, town, town¬ 
ship, incorporated village, school district, body poli¬ 
tic or municipal corporation therein: Provided , that 
any such employee, his personal representative, 
beneficiaries or heirs, who is, are or shall be entitled 
to receive a pension or benefit for or on account of 
disability or death arising out of or in the course 
of his employment from a pension or benefit fund to 
which the State or any county, town, township, in¬ 
corporated village, school district, body politic or 
municipal corporation therein is a contributor, in 
whole or in part, shall be entitled to' receive only 
such part of pension or benefit as in excess of the 
amount of compensation recovered and received by 
such employee, his personal representative, bene¬ 
ficiaries or heirs under this Act: And, provided, 
further, that one employed by a contractor who has 
contracted with the State, or a county, city, town, 
township, incorporated village, school district, body 
politic or municipal corporation, therein, through 
its representatives, shall not be considered, as an 
employee of the State, county, city, town, township, 
incorporated village, school district, body politic or 
municipal corporation which made the contract. 

Second —Every person in the service of another 
under any contract of hire, express or implied, oral 
or written, including aliens, and minors who are 
legally permitted to work under the laws of the 
State, who, for the purpose of this Act, shall be 
considered the same and have the same power to 


133 


contract, receive payments and give quittances 
therefor, as adult employees, but not including an> 
person who is not engaged in the usual course of 
the trade, business, profession or occupation of his 
employer: Provided, that employees shall not be in¬ 
cluded within the provisions of this Act when ex¬ 
cluded by the laws of the United States relating to 
liability of employers to their employees for personal 
injuries where such laws are held to be exclusive. 
(Amended by Act approved May 31, 1917.) 

§ 6. Employee’s right to recover damages.] No 
common law or statutory right to recover damages 
for injury or death sustained by any employee while 
engaged in the line of his duty as such employee 
other than the compensation herein provided shall 
be available to any employee who is covered by the 
provisions of this Act, to any one wholly or partially 
dependent upon him, the legal representatives of his 
estate, or any one otherwise entitled to recover 
damages for such injury. 

§ 7. Amount of compensation for injury re¬ 
sulting in death.] The amount of compensation 
which shall be paid for an injury to the employee 
resulting in death shall be: 

(a) If the employee leaves any widow, child or 
children whom he was under legal obligations to 
support at the time of his injury, a sum equal to 
four times the average annual earnings of the em¬ 
ployee, but not less in any event than one thousand 
six hundred fifty dollars and not more in any event 
than three thousand five hundred dollars. Any com¬ 
pensation payments other than necessary medical, 
surgical or hospital fees or services shall be de¬ 
ducted in ascertaining the amount payable on death. 

(b) If no amount is payable under paragraph 
(a) of this section and the employee leaves any 
parent, husband, child or children who at the time 
of injury were totally dependent upon the earnings 
of the employee, then a sum equal to four times the 
average annual earnings of the employee, but not 


134 


less in any event than one thousand six hundred 
fifty dollars, and not more in any event than three 
thousand five hundred dollars. 

(c) If no amount is payable under paragraphs 
(a) or (b) of this section and the employee leaves 
any parent, child or children, grandparent or grand¬ 
child, who at the time of injury were dependent 
upon the earnings of the employee, then such pro¬ 
portion of a sum equal to four times the average 
annual earnings of the employee as such dependency 
bears to total dependency, but not less in any event 
than one thousand six hundred fifty dollars and not 
more in any event than three thousand five hundred 
dollars. Any compensation payments other than 
necessary medical, surgical or hospital fees or serv¬ 
ices shall be deducted in ascertaining the amounts 
payable on death. 

(d) If no amount is payable under paragraphs 
(a), (b) or (c) of this section and the employee 
leaves collateral heirs dependent at the time of the 
injury to the employee upon his earnings, such a 
percentage of the sum provided in paragraph (a) 
of this section as the average annual contributions 
which the deceased made to the support of such de¬ 
pendent collateral heirs during the two years pre¬ 
ceding the injury bears to his average annual earn¬ 
ings during such two years. 

(e) If no amount is payable under paragraphs 
(a), (b), (c) or (d) of this section, a sum not to 
exceed one hundred and fifty dollars for burial ex¬ 
penses to be paid by the employer to the undertaker 
or to the person or persons incurring the expense 
of burial. 

(f) For all compensation, except for burial ex¬ 
penses provided in this section to be paid in case 
injury results in death, shall be paid in installments 
equal to one-half the average earnings, at the same 
intervals at which the wages or earnings of the 
employee were paid; or if this shall not be feasible, 
then the installments shall be paid weekly: Pro- 


135 


vided, such compensation may be paid in a lump 
sum upon petition as provided in section 9 of this Act. 

(g) The compensation to be paid for injury 
which results in death, as provided in this section, 
shall be paid to the persons who form the basis for 
determining the amount of compensation to be paid 
by the employer, the respective shares to be in the 
proportion of their respective dependency at the 
time of the injury on the earnings of the deceased. 
Provided that the Industrial Commission or an arbi¬ 
trator thereof may, in its or his discretion, order or 
award the payment to the parent or grandparent 
of a child for the latter’s support the amount of 
compensation which but for such order or award 
would have been paid to such child as its share of 
the compensation payable, which order or award 
may be modified from time to time by the Commis¬ 
sion in its discretion with respect to the persons to 
whom shall be paid the amount of said order or 
award remaining unpaid at the time of said modi¬ 
fication. 

The payments of compensation by the employer 
in accordance with the order or award of the In¬ 
dustrial Commission shall discharge such employer 
from all further obligation as to such compensation. 

In a case where any of the persons who would 
be entitled to compensation is living at any place 
outside of the United States, then payment shall be 
made to the personal representative of the deceased 
employee. The distribution by such personal repre¬ 
sentative to the persons entitled shall be made to 
such persons and in such manner as the Commis¬ 
sion shall order. 

(h) 1. Whenever in paragraph (a) of this sec¬ 
tion a minimum of one thousand six hundred fifty 
dollars is provided, such minimum shall be increased 
in the following cases to the following amounts: 

One thousand seven hundred fifty dollars in case 
of a widow and one child under the age of 16 years 
at the time of the death of the employee. 


136 


One thousand eight hundred fifty dollars in case 
of a widow and two or more children under the age 
of 16 years at the time of the death of the employee. 

2. Wherever in paragraph (a) of this section a 
maximum of three thousand five hundred dollars is 
provided, such maximum shall he increased in the 
following cases to the following amounts: 

Three thousand seven hundred fifty dollars in 
case of a widow and one child under the age of 16 
years at the time of the death of the employee. 

Four thousand dollars in case of a widow and 
two or more children under the age of 16 years at 
the time of the death of the employee. (Amended 
by Act approved June 28, 1919. 

§ 8. Amount of compensation.] The amount of 
compensation which shall be paid to the employee 
for an injury not resulting in death shall be: 

(a) The employer shall provide the necessary 
first aid medical and surgical services; all necessary 
hospital services during the period for which com¬ 
pensation may be payable; also all necessary medi¬ 
cal and surgical services for a period not longer 
than eight weeks, not to exceed, however, an amount 
of two hundred dollars, and in addition such medical 
or surgical services in excess of such limits as may 
be necessary during the time such hospital services 
are furnished. All of the foregoing services shall be 
limited to those which are reasonably required to 
cure and relieve from the effects of the injury. The 
employee may elect to secure his own physician, 
surgeon or hospital services at his own expense. 

(b) If the period of temporary total incapacity 
for work lasts for more than six working days, 
compensation equal to fifty percentum of the earn¬ 
ings, but not less than $7.00 nor more than $12.00 
per week, beginning on the eighth day of such tem¬ 
porary total incapacity and continuing as long as 
the temporary total incapacity lasts, but not 
after the amount of compensation paid equals the 
amount which would have been payable as a death 


137 


benefit under paragraph (a), section 7, if the em¬ 
ployee had died as a result of the injury at the time 
thereof, leaving heirs surviving as provided in said 
paragraph (a), section 7: Provided, that in the case 
where temporary total incapacity for work continues 
for a period of four weeks from the day of the' in¬ 
jury, then compensation shall commence on the day 
after the injury. 

(c) For any serious and permanent disfigure 
ment to the hand, head or face, the employee shall 
be entitled to compensation for such disfigurement, 
the amount fixed by agreement or by arbitration in 
accordance with the provisions of this Act, which 
amount shall not exceed one-quarter of the amount 
of the compensation which would have been payable 
as a death benefit under paragraph (a), section 7: 
Provided, that no compensation shall be payable 
under this paragraph where compensation is payable 
under paragraph (d), (e) or (f) of this section: And, 
provided, further, that when the disfigurement is to 
the hand, head or face as a result of any injury, for 
which injury compensation is not payable under 
paragraph (d), (e) or (f) of this section, compensa¬ 
tion for such disfigurement may be had under this 
paragraph. 

(d) If, after the injury has been sustained, the 
employee as a result thereof becomes partially in¬ 
capacitated from pursuing his usual and customary 
line of employment, he shall, except in the cases 
covered by the specific schedule set forth in para¬ 
graph (e) of this section, receive compensation, sub¬ 
ject to the limitations as to time and maximum 
amounts fixed in paragraphs (b) and (h) of this 
section, equal to fifty percentum of the difference 
between the average amount which he earned before 
the accident, and the average amount which he is 
earning or is able to earn in some suitable employ¬ 
ment or business after the accident. 

(e) For injuries in the following schedule, the 
employee shall receive in addition to compensation 


138 


during the period of temporary total incapacity for 
work resulting from such injury, in accordance with 
the provisions of paragraphs (a) and (b) of this 
section, compensation, for a further period, subject 
to the limitations as to time and amounts fixed in 
paragraphs (b) and (h) of this section, for the 
specific loss herein mentioned, as follows, but shall 
not receive any compensation for such injuries under 
any other provisions of this Act. 

1. For the loss of a thumb, or the permanent 
and complete loss of its use, fifty percentum of the 
average weekly wage during sixty weeks; 

2. For the loss of a first finger, commonly called 
the index finger, or the permanent and complete loss 
of its use, fifty percentum of the average weekly 
wage during thirty-five weeks; 

3. For the loss of a second finger, or the per¬ 
manent and complete loss of its use, fifty percentum 
of the average weekly wage during thirty weeks: 

4. For the loss of a third finger, or the perma¬ 
nent and complete loss of its use, fifty percentum 
of the average weekly wage during twenty weeks; 

5. For the loss of a fourth finger, commonly 
called the little finger, or the permanent and com¬ 
plete loss of its use, fifty percentum of the average 
weekly wage during fifteen weeks; 

6. The loss of the first phalange of the thumb, 
or of any finger shall be considered to be equal to 
the loss of one-half of such thumb or finger and 
compensation shall be one-half the amounts above 
specified; 

7. The loss of more than one phalange shall be 
considered as the loss of the entire finger or thumb; 
Provided , hoivever, that in no case shall the amount 
received for more than one finger exceed the amount 
provided in this schedule for the loss of a hand; 

8. For the loss of a great toe, fifty percentum 
of the average weekly wage during thirty weeks; 


139 


9. For the loss of one toe other than the great 
toe, fifty percentum of the average weekly wage 
during ten weeks, and for the additional loss of one 
or more toes other than the great toe, fifty percen¬ 
tum of the average weekly wage during an addi¬ 
tional ten weeks; 

10. The loss of the first phalange of any toe 
shall be considered to be the equal to the loss of 
one-half of such toe, and compensation shall be one- 
lialf of the amount above specified; 

11. The loss of more than one phalange shall be 
considered as the loss of the entire toe; 

12. For the loss of a hand, or the permanent 
and complete loss of its use, fifty percentum of the 
average weekly wage during one hundred and fifty 
weeks; 

13. For the loss of an arm or the permanent and 
complete loss of its use, fifty percentum of the aver¬ 
age weekly wage during two hundred weeks; 

14. For the loss of a foot, or the permanent and 
complete loss of its use, fifty percentum of the aver¬ 
age weekly wage during one hundred and twenty- 
five weeks; 

15. For the loss of a leg, or the permanent and 
complete loss of its use, fifty percentum of the aver¬ 
age weekly wage during one hundred and seventy- 
five weeks; 

16. For the loss of the sight of an eye or for 
the permanent and complete loss of its use, fifty 
percentum of the average weekly wage during one 
hundred weeks; 

17. For the permanent partial loss of use of a 
member or sight of an eye, fifty percentum of the 
average weekly wage during that portion of the 
number of weeks in the foregoing schedule provided 
for the loss of such member or sight of an eye 
which the partial loss of use thereof bears to the 
total loss of use of such member or sight of eye. 

18. The loss of both hands, or both arms, or both 
feet, or both legs, or both eyes, or of any two there- 


140 


of, or the permanent and complete loss of use there¬ 
of, shall constitute total and permanent disability, 
to be compensated according to the compensation 
fixed by paragraph (f) of this section: Provided . 
that these specific cases of total and permanent dis¬ 
ability shall not be construed as excluding other 
cases. 

(f) In case of complete disability, which ren¬ 
ders the employee wholly and permanently incapable 
of work, compensation equal to fifty percentum of 
his earnings, but not less than $7.00 nor more than 
$12.00 per week, commencing on the day after the 
injury, and continuing until the amount paid equals 
the amount which would have been payable as a 
death benefit under paragraph (a), section 7, if the 
employee had died as a result of the injury at the 
time thereof, leaving heirs surviving as provided in 
said paragraph (a), section 7, and thereafter a 
pension during life annually equal to 8 per cent of 
the amount which would have been payable as a 
death benefit under paragraph (a), section 7, if the 
employee had died as a result of the injury at the 
time thereof, leaving heirs surviving, as provided in 
said paragraph (a), section 7. Such pension shall 
not be less than $10.00 per month and shall be pay¬ 
able monthly. 

(g) In case death occurs as a result of the in¬ 
jury before the total of the payments made equals 
the amount payable as a death benefit, then in case 
the employee leaves any widow, child, or children, 
parents, grandparents, or other lineal heirs, entitled 
to compensation under section 7, the difference be¬ 
tween the compensation for death and the sum of 
the payments made to the employee shall be paid, at 
the option of the employer, either to the personal 
representative or to the beneficiaries of the deceased 
employee, and distributed, as provided in paragraph 
(f) of section 7, but in no case shall the amount 
payable under this paragraph be less than $500.00. 


141 




(h) In no event shall the compensation to be 
paid exceed fifty percentum of the average weekly 
wage or exceed $12.00 per week in amount; nor, ex¬ 
cept in case of complete disability, as defined above, 
shall any payments extend over a period of more 
than eight years from the date of the accident. In 
case an injured employee shall be incompetent at the 
time when any right or privilege accrues to him 
under the provisions of this Act a conservator or 
guardian may be appointed, pursuant to law, and 
may, on behalf of such incompetent, claim and ex¬ 
ercise any such right or privilege with the same 
force and effect as if the employee himself had been 
competent and had claimed or exercised said right 
or privilege; and no limitations of time by this Act 
provided shall run so long as said incompetent em¬ 
ployee is without a conservator or a guardian. 

(i) All compensation provided for in paragraphs 
(b), (c), (d), (e), and (f) of this section, other 
than cases of pension for life, shall be paid in install¬ 
ments at the same intervals at which the wages or 
earnings of the employee were paid at the time of the 
injury, or if this shall not be feasible, then the in¬ 
stallments shall be paid weekly. 

(j) 1. Wherever in this section there is a pro¬ 
vision for fifty percentum, such percentum shall be 
increased five percentum for each child of the em¬ 
ployee under 16 years of age at the time of the injury 
to the employee until such percentum shall reach a 
maximum of sixty-five percentum. 

2. Wherever in this section a weekly minimum 
of $7.00 is provided, such minimum shall be increased 
in the following cases to the following amounts: 

$8.00 in case of any employee having one child 
under the age of 16 years at the time of the injury 
to the employee; 

$9.00 in a case of an employee having two chil¬ 
dren under the age of 16 years at the time of the 
injury to the employee; 


142 


$10.00 in a case of an employee having three or 
more children under the age of 16 years at the time 
of the injury to the employee. 

3. Wherever in this section a weekly maximum 
of $12.00 is provided, such maximum shall be in¬ 
creased in the following cases to the following 
amounts: 

$13.00 in case of an employee with one child 
under the age of 16 years at the time of the injury to 
the employee; 

$14.00 in case of an employee with two children 
under the age of 16 years at the time of injury to the 
employee. 

$15.00 in case of an employee with three or more 
children under the age of 16 years at the time of 
injury to the employee. 

4. The increases in the above percentum and the 
minimum and maximum amounts shall be paid only 
so long as the child upon which the increase is based 
remains under the age of 16 years. (Amended by 
Act approved June 28, 1919. 

§ 9. Where payment in lump sum desired.] Any 
employer or employee or beneficiary who shall desire 
to have such compensation, or any unpaid part there¬ 
of, paid in a lump sum, may petition the Industrial 
Board, asking that such compensation be so paid, 
and if, upon proper notice to the interested parties 
and a proper showing made before such board, it 
appears to the interest of the parties that such com¬ 
pensation be so paid, the board may order the com¬ 
mutation of the compensation Jo an equivalent lump 
sum, which commutation shall'be an amount which 
will equal the total sum of the probable future pay¬ 
ments capitalized at their present value upon the 
basis of interest calculated at three per centum per 
annum with annual rests: Provided, that in cases 
indicating complete disability no petition for a com¬ 
mutation to a lump sum basis shall be entertained 
by the Industrial Board until after the expiration of 
six months from the date of the injury, and where 


143 


necessary, upon proper application being made, a 
guardian, conservator or administrator, as the case 
may be, may be appointed for any person under dis¬ 
ability who may be entitled to any such compensa¬ 
tion, and an employer bound by the terms of this 
Act, and liable to pay such compensation, may 
petition for the appointment of the public admin¬ 
istrator, or a conservator, or guardian, where no legal 
representative has been appointed or is acting for 
such party or parties so under disability. Either 
party may reject an award of a lump sum payment 
of compensation, except an award for compensation 
under section 7 or paragraph (e) of section 8 or for 
the injuries defined in the last paragraph of para¬ 
graph (e) of section 8 as constituting total and 
permanent disability, by filing his written rejection 
thereof with the said board within ten days after no¬ 
tice to him of the award, in which event compensa¬ 
tion shall be payable in installments as herein pro¬ 
vided. (As amended by Act approved June 28, 1915; 
in force July 1, 1915.) 

§ 10. Basis for computing compensation.] The 
basis for computing the compensation provided for 
in sections 7 and 8 of the Act shall be as follows: 

(a) The compensation shall be computed on the 
basis of the annual earnings which the injured per¬ 
son received as salary, wages or earnings if in the 
employment of the same employer continuously dur¬ 
ing the year next preceding the injury. 

(b) Employment by the same employer shall be 
taken to mean employment by the same employer in 
the grade in which the employee was employed at 
the time of the accident, uninterrupted by absence 
from work due to illness or any other unavoidable 
cause. 

(c) If the injured person has not been engaged 
in the employment of the same employer for the full 
year immediately preceding the accident, the com¬ 
pensation shall be computed according to the annual 
earnings which persons of the same class in the same 


144 


employment and same location, (or if that be im¬ 
practicable, of neighboring employments of the same 
kind) have earned during such period. 

(d) As to employees in employments in which 
it is the custom to operate throughout the working 
days of the year, the annual earnings, if not other¬ 
wise determinable, shall be regarded as 300 times the 
average daily earnings in such computation. 

(e) As to employees in employments in which it 
is the custom to operate for a part of the whole 
number of working days in each year, such number, 
if the annual earnings are not otherwise determin 
able, shall be used instead of 300 as a basis for com¬ 
puting the annual earnings: Provided , the minimum 
number of days which shall be so used for the basis 
of the year’s work shall not be less than 200. 

(f) In the case of injured employees who earn 
either no wage or less than the earnings of adult dav 
laborers in the same line of employment in that lo¬ 
cality, the yearly wage shall be reckoned according 
to the average annual earning of adults of the same 
class in the same (or if that is impracticable then of 
neighboring) employments. 

(g) Earnings, for the purpose of this section, 
shall be based on the earnings for the number of 
hours commonly regarded as a day’s work for that 
employment, and shall exclude overtime earnings. 
The earnings shall not include any sum which the 
employer has been accustomed to pay the employee 
to cover any special expense entailed on him by the 
nature of his employment. 

(h) In computing the compensation to be paid 
to any employee, who, before the accident for which 
he claims compensation, was disabled and drawing 
compensation under the terms of this Act, the com¬ 
pensation for each subsequent injury shall be appor¬ 
tioned according to the proportion of incapacity and 
disability caused by the respective injuries which he 
may have suffered. 


145 


(i) To determine the amount of compensation 
for each installment period, the amount per annum 
shall he ascertained pursuant hereto, and such 
amount divided by the number of installment periods 
per annum. 

§ 11. Compensation measure of responsibility 
employer assumed under act.] The compensation 
herein provided, together with the provisions of this 
Act shall be the measure of the responsibility of any 
employer engaged in any of the enterprises or busi¬ 
nesses enumerated in section three (3) of this Act, 
or of any employer who is not engaged in any such 
enterprises or businesses, but who has elected to 
provide and pay compensation for accidental injuries 
sustained by any employee arising out of and in the 
course of the employment according to the provision 
of this Act, and whose election to continue under this 
Act, has not been nullified by any action of his em¬ 
ployees as provided for in this Act. (Amended by 
Act approved June 25, 1917.) 

§ 12. Injured employee must submit to ex¬ 
aminations.] An employee entitled to receive dis¬ 
ability payments shall be required, if requested by 
the employer, to submit himself, at the expense of 
the employer, for examination to a duly qualified 
medical practitioner or surgeon selected by the em¬ 
ployer, at a time and place reasonably convenient for 
the employee, as soon as practicable after the injury, 
and also one week after the first examination and 
thereafter at intervals not oftener than once every 
four weeks, which examination shall be for the pur¬ 
pose of determining the nature, extent and probable 
duration of the injury received by the employee, and 
for the purpose of ascertaining the amount of com¬ 
pensation which may be due the employee from time 
to time for disability according to the provisions of 
this Act: Provided, however, that such examination 
shall be made in the presence of a duly qualified 
medical practitioner or surgeon provided and paid 
for by the employee, if such employee so desires. In 


146 


all cases where the examination is made by a sur¬ 
geon engaged by the employer and the injured em¬ 
ployee has no surgeon present at such examination, 
it shall be the duty of the surgeon making the ex¬ 
amination at the instance of the employer to deliver 
to the injured employee, upon his request or that of 
his representative a statement in writing of the con¬ 
dition and extent of the injury to the same extent 
that said surgeon reports to the employer. If the 
employee refuses so to submit himself to examination 
or unnecessarily obstructs the same, his right to 
compensation payments shall be temporarily sus¬ 
pended until such examination shall have taken 
place, and no compensation shall be payable under 
this Act for such period. It shall be the duty of 
surgeons treating an injured employee who is likely 
to die and treating him at the instance of the em¬ 
ployer to have called in another surgeon, to be desig¬ 
nated and paid for by either the injured employee or 
by the person or persons who would become his 
beneficiary or beneficiaries to make an examination 
before the death of such injured employee. (As 
amended by an Act approved June 28, 1915; in force 
July 1, 1915. 

§ 13a. Industrial board created — appointment— 
term of office.] There is hereby created a board 
which shall be known as the Industrial Board to 
consist of five members to be appointed by the Gov¬ 
ernor, by and wi f h the conspnt of the Senate, two of 
whom shall be representative citizens of the employ¬ 
ing class operating under this Act, and two of whom 
shall be representative citizens of the class of em¬ 
ployees operating under this Act, and one of whom 
shall be a representative citizen not identified with 
either the employing or employee classes and who 
shall be designated by the Governor as chairman. 
Appointment of members to places on the first board 
or to fill vacancies on said board may be made during 
recesses of the Senate, but shall be subject to con¬ 
firmation by the Senate at the next ensuing session 
of the Legislature. 


147 


(b) When there shall become effectiva the Act 
known as “The Civil Administrative Code of Illinois,” 
being an Act entitled “An Act in relation to the civil 
administration of the State Government,” there shall 
thereupon be vested in the Industrial Commission 
and the industrial officers thereof by said Act cre¬ 
ated, all of the powers and duties vested in the In¬ 
dustrial Board by the Workmen’s Compensation Act, 
and thereupon wherever in the Workmen’s Compen¬ 
sation Act reference, shall be made to the Industrial 
Board, the board or to any member thereof, it shall 
be construed as referring and shall apply to the said 
Industrial Commission, the said Commission, and any 
industrial officer thereof, respectively. (Amended by 
Act approved June 25, 1917. 

§ 14. Salary—secretary—clerks—seal.] The 
salary of each of the members of the Commission 
appointed by the Governor shall be Five thousand 
dollars ($5,000.00) per year. The Commission shall 
appoint a secretary and shall employ such assistants 
and clerical help as may be necessary. 

The salary of the arbitrators designated by the 
Commission shall be at the rate of Three thousand 
dollars ($3,000.00) per year. 

The members of the Commission and the arbitra¬ 
tors shall have reimbursed to them thnir actual 
traveling expenses and disbursements made or in¬ 
curred by them in the discharge of their official 
duties while away from their places of residence in 
the performance of their duties. The Commission 
shall provide itself with a seal for the authentication 
of its" orders, awards, and proceedings, upon which 
shall be inscribed the name of the Commission and 
the words “Illinois—Seal”. (Amended by Act ap¬ 
proved June 28, 1919. 

§ 15. Jurisdiction—duties.] The Industrial Board 
shall have jurisdiction over the operation and admin¬ 
istration of this Act, and said board shall perform all 
the duties imposed upon it by this Act, and such 
further duties as may hereafter be imposed by law, 


148 


and the rules of the board not inconsistent there¬ 
with. 

§ 16 . Rules and orders—procedure—powers.] 
The hoard may make rules and orders for carrying 
out the duties imposed upon it by law, which rules 
and orders shall be deemed %orima facie reasonable 
and valid; and the process and procedure before 
the board shall be as simple and summary as 
reasonably may be. The board upon application of 
either party may issue dedimus potestatem directed 
to a commissioner, notary public, justice of the peace 
or any other officer authorized by law to administer 
oaths, to take the depositions of such witness or wit¬ 
nesses as may be necessary in the judgment of such 
applicant. Such dedimus potestatem may issue to 
any of the officers aforesaid in any state or territory 
of the United States or in any foreign country. The 
board shall have the power to adopt necessary rules 
to govern the issue of such dedimus potestatem. The 
board, or any member thereof, or any arbitrator 
designated by said board shall have the power to ad¬ 
minister oaths, subpoena and examine witnesses, to 
issue subpoenas duces tecum, requiring the pro¬ 
duction of such books, papers, records and docu¬ 
ments as may be evidence of any matter under in¬ 
quiry, and to examine and inspect the same and such 
places or premises as may relate to the question in 
dispute. Said board, or any member thereof, or any 
arbitrator designated by said board, shall on written 
request of either party to the dispute, issue sub¬ 
poenas for the attendance of such witnesses and pro¬ 
duction of such books, papers, records and docu¬ 
ments as shall be designated in said applications, 
providing, however, that the parties applying for 
such subpoena shall advance the officer and witness 
fees provided for in suits pending in the circuit 
court. Service of such subpoenas shall be made by 
any sheriff or constable or other person. In case any 
person refuses to comply with an order of the board 
or subpoena issued by it or any member thereof, or 


149 


any arbitrator designated by said board or to permit 
an inspection of places or premises, or to produce 
any books, papers, records, or documents, or any 
witness refuses to testify to any matters regarding 
which he may be lawfully interrogated, the county 
court of the county in which said hearing or matter 
is pending, on application of any member of the 
board or any arbitrator designated by the board, 
shall compel obedience by attachment proceedings, 
as for contempt, as in a case of disobedience of the 
requirements of a subpoena from such court on a 
refusal to testify therein. 

The board at its expense shall provide a stenog¬ 
rapher to take the testimony and record of proceed¬ 
ings at the hearings before an arbitrator, committee 
of arbitration, or the board, and said stenographer 
shall furnish a transcript of such testimony or pro¬ 
ceedings to any person requesting it upon payment 
to him therefor of five cents per one hundred words 
for the original and three cents per one hundred 
words for each copy of such transcript. 

The board shall have the power to determine the 
reasonableness and fix the amount of any fee or 
compensation charged by any person for any service 
performed in connection with this Act, or for which 
payment is to be made under this Act or rendered 
in securing any right under this Act. (Amended by 
Act approved May 31, 1917. 

§ 17. Blank forms—books and records.] The 
board shall cause to be printed and furnish free of 
charge upon request by any employer or employee 
such blank forms as it shall deem requisite to 
facilitate or promote the efficient administration of 
this Act, and the performance of the duties of the 
board; it shall provide a proper record in which 
shall be entered and indexed the name of any em¬ 
ployer who shall file a notice of declination or with¬ 
drawal under this Act, and the date of the filing 
thereof; and a proper record in which shall be 
entered and indexed the name of any employee who 


150 


shall file such a notice of declination or withdrawal, 
and the date of the filing thereof; and such other 
notices as may be required by the terms and intend¬ 
ment of this Act; and records in which shall be 
recorded all proceedings, orders and awards had or 
made by the board, or by the arbitration committees, 
and such other books or records as it shall deem 
necessary, all such records to be kept in the office 
of the board. 

§18. Questions determined by industrial board.] 
All questions arising under this Act, if not settled 
by agreement of the parties interested therein, shall, 
except as otherwise provided, be determined by the 
Industrial Board. 

§ 19. Disputed questions of law or fact—com¬ 
mittee OF ARBITRATION—DECISION—PETITION FOR RE¬ 
VIEW-PHYSICIAN-DECISION OF INDUSTRIAL BOARD- 

REVIEW BY SUPREME COURT—CIRCUIT COURT TO RENDER 
JUDGMENT—REVIEW AFTER AWARD-ADDRESS TO BE 

filed—notice.] Any disputed question of law or fact 
shall be determined as herein provided. 

(a) It shall be the duty of the Industrial Com¬ 
mission upon notification that the parties have failed 
to reach an agrement, to designate an arbitrator: 
Provided, that if the compensation claimed is for a 
partial permanent or total, permanent incapacity or 
for death, then the dispute may, at the election of 
either party, be determined by a committee of arbi¬ 
tration, which election for determination by a com¬ 
mittee shall be made by petitioner filing with the 
Commission his election in writing with his petition 
or by the other party filing with the Commission 
his election in writing within five days of notice to 
him of the filing of the petition, and thereupon it 
shall be the duty of the Industrial Commission, upon 
either of the parties having filed their election for a 
committee of arbitration as above provided, to notify 
both parties to appoint their respective representa¬ 
tives on the committee of arbitration. The Commis¬ 
sion shall designate an arbitrator to act as chair- 


151 


man, and if either party fails to appoint its member 
on the committee within seven days after notification 
as above provided, the Commission shall appoint a 
person to fill the vacancy and notify the parties to 
that effect. The party filing his election for a com¬ 
mittee of arbitration shall with his election deposit 
with the Commission the sum of twenty dollars, to 
be paid by the Commission to the arbitrators se¬ 
lected by the parties as compensation for their 
services as arbitrators, and upon a failure to deposit 
as aforesaid, the election shall be void and the de¬ 
termination shall be by an arbitrator designated by 
the Commission. The members of the committee of 
arbitration appointed by either of the parties or one 
appointed by the Commission to fill a vacancy by 
reason of the failure of one of the parties to appoint, 
shall not be a member of the Commission or an 
employee thereof. 

(b) The arbitrator or committee of arbitration 
shall make such inquiries and investigations as he 
or they shall deem necessary, and may examine and 
inspect all books, papers, records, places, or prem¬ 
ises relating to the questions in dispute, and hear 
such proper evidence as the parties may submit. 
The hearings before the arbitrator or committee of 
arbitration shall be held in the vicinity where the 
injury occurred, after ten days’ notice of the time 
and place of such hearing shall have been given to 
each of the parties or their attorneys of record. The 
decision of the arbitrator or committee of arbitration 
shall be filed with the Industrial Commission, which 
Commission shall immediately send to each party or 
his attorney a copy of such decision, together with 
a notification of the time when it was filed, and un¬ 
less a petition for a review is filed by either party 
within fifteen days after the receipt by said party 
of the copy.of said decision and notification of time 
when filed, and unless such party petitioning for a 
review shall within twenty days after the receipt by 
him of the copy of said decision, file with the Com- 


152 


mission either an agreed statement of the facts ap¬ 
pearing upon the hearing before the arbitrator or 
committee of arbitration, or if such party shall so 
elect, a correct stenographic report of the proceed 
ings at such hearings, then the decision shall become 
the decision of the Industrial Commission and in the 
absence of fraud shall be conclusive: Provided, that 
such Industrial Commission may for sufficient cause 
shown grant further time, not exceeding thirty days, 
in which to petition for such review or to file such 
agreed statement or stenographic report. Such 
agreed statement of facts or correct stenographic 
report, as the case may be, shall be authenticated 
by the signatures of the parties or their attorneys 
and in the event they do not agree as to the cor¬ 
rectness of the stenographic report it shall be au¬ 
thenticated by the signature of the arbitrator desig¬ 
nated by the Commission. 

(c) The Industrial Commission may appoint, at 
its own expense, a duly qualified, impartial physician 
to examine the injured employee and report to the 
Commission. The fee for this service shall not ex¬ 
ceed five dollars and traveling expenses, but the 
Commission may allow additional reasonable amounts 
in extraordinary cases. The fees and the payment 
thereof of all attorneys and physicians for services 
authorized by the Commission under this Act shall, 
upon request of either the employer or the employee 
or the beneficiary affected, be subject to the review 
and decision of the Industrial Commission. 

(d) If any employee shall persist in insanitary 
or injurious practices which tend to either imperil 
or retard his recovery or shall refuse to submit to 
such medical or surgical treatment as is reasonably 
essential to promote his recovery, the Commission 
may, in its discretion, reduce or suspend the com¬ 
pensation of any such injured employee. 

(e) If a petition for review and agreed state 
ment of facts or stenographic report is filed, as pro¬ 
vided herein, the Industrial Commission shall 


153 


promptly review the decision of the arbitrator or 
committee of arbitration and all questions of law 
or fact which appear from the said statement of 
facts or stenographic report, and such additional 
evidence as the parties may submit. After such 
hearing upon review, the Commission shall file in 
its office its decision thereon, and shall immediately 
send to each party or his attorney a copy of such 
decision and a notification of the time when it 
was filed. 

Such review and hearing may be held in its 
office or elsewhere as the Commission may deem ad¬ 
visable: Provided, that the taking of testimony on 
such hearing may be had before any member of the 
Commission and in the event either of the parties 
may desire an argument before others of the Com¬ 
mission such argument may be had upon written 
demand therefor filed with the Commission within 
five days after the commencement of such taking 
of testimony, in which event such argument shall 
be had before not less than a majority of the Com¬ 
mission: Provided, that the Commission shall give 
ten days’ notice to the parties or their attorneys of 
the time and place of such taking of testimony and 
of such argument. 

In any case the Commission in its decision may 
in its discretion find specially upon any question or 
questions of law or fact which shall be submitted in 
writing by either party, whether ultimate or other¬ 
wise. Any party may, within twenty days after 
receipt of notice of the Commission’s decision, or 
within such further time, not exceeding thirty days, 
as the Commission may grant, file with the Com¬ 
mission either an agreed statement of the facts ap¬ 
pearing upon the hearing, or, if such party shall so 
elect a correct stenographic report of the additional 
proceedings presented before the Commission, in 
which report the party may embody a correct state¬ 
ment of such other proceedings in the case as such 
party may desire to have reviewed such statement 


154 


of facts or stenographic report to be authenticated 
by the signatures of the parties or their attorneys, 
and in the event that they do not agree, then the 
authentication of such stenographic report shall be 
by the signature of any member of the Commission. 
The applications for adjustment of claim and other 
documents in the nature of pleadings filed by either 
party, together with the decisions of the arbitrator 
and of the Industrial Commission and the statement 
of facts or stenographic reports hereinbefore pro¬ 
vided for in paragraphs (b) and (c) shall be the 
record of the proceedings of said Commission, and 
shall be subject to review as hereinafter provided 
(f) The decision of the Industrial Commission, 
acting within its powers, according to the provisions 
of paragraph (e) of this section shall, in the absence 
of fraud, be conclusive, unless reviewed as in this 
paragraph hereinafter provided. 

(1) The Circuit Court of the county where any 
of the parties defendant may be found shall by writ 
of certiorari to the Industrial Commission have 
power to review all questions of law presented by 
such record, except such as arise in a proceeding in 
which under paragraph (b) of this section a decision 
of the arbitrator or committee of arbitration has 
become the decision of the Industrial Commission. 
Such writ shall be issued by the clerk of such court 
upon praecipe. Service upon any member of the 
Industrial Commission or the secretary thereof shall 
be service on the Commission and service upon other 
parties interested shall be by scire facias, or service 
may be made upon said Commission and other 
parties in interest by mailing notice of the com¬ 
mencement of the proceedings and the return day 
of the writ to the office of said Commission and the 
last known place of residence of the other parties 
in interest at least ten days before the return day 
of said writ. Such suit by writ of certiorari shall 
be commenced within twenty days of the receipt of 
notice of the decision of the Commission. 


155 


The Industrial Commission shall not be required 
to certify the record of their proceedings to the Cir¬ 
cuit Court, unless the party commencing the pro¬ 
ceedings for review in the Circuit Court, as above 
provided, shall pay to the Commission the sum of 
five cents per one hundred words of testimony taken 
before said Commission and three cents per one hun¬ 
dred words of all other matters contained in such 
record. 

(2) No such writ of certiorari shall issue unless 
the one against whom the Industrial Commission 
shall have rendered an award for the payment of 
money shall upon the filing of his praecipe for such 
writ filed with the clerk of said court a bond con¬ 
ditioned that if he shall not successfully prosecute 
said writ, he will pay the said award, and the costs 
of the proceedings in said court. The amount of the 
bond shall be fixed by any member of the Industrial 
Commission and the surety or sureties on said bond 
shall be approved by the clerk of said court. 

The court may confirm or set aside the decision 
of the Industrial Commission. If the decision is set 
aside and the facts found in the proceedings before 
the Commission are sufficient, the court may enter 
such decision as is justified by law, or may remand 
the cause to the Industrial Commission for further 
proceedings, and may state the questions requiring 
further hearing, and give such other instructions 
as may be proper. 

Judgments and orders of the Circuit Court under 
this Act shall be reviewed only by the Supreme 
Court upon a writ of error which the Supreme Court 
in its discretion may order to issue, if applied for 
not later than the second day of the first term of 
the Supreme Court following the rendition of the 
Circuit Court judgment or order sought to be re¬ 
viewed, provided that if the first day of said term 
is less than thirty days from the rendition of said 
judgment or order, then application for said writ 
of error may be made not later than the second day 


156 


of the second term following the rendition of sai& 
judgment or order. 

The writ of error when issued shall operate as 
a supersedeas. 

The bond filed with the praecipe for the writ of 
certiorari as provided in this paragraph shall oper¬ 
ate as a stay of the judgment or order of the Circuit 
Court until the time shall have passed within which 
an application for a writ of error can be made, and 
until the Supreme Court has acted upon the appli¬ 
cation for a writ of error, if such application is 
made. 

The decision of a majority of the members of 
a committee of arbitration or of the Industrial Com¬ 
mission shall be considered the decision of such 
committee or Commission, respectively. 

(g) Either party may present a certified copy 
of the decision of the Industrial Commission, when 
no proceedings for review thereof have been taken, 
or of the decision of such arbitrator or committee 
of arbitration when no claim for review is made, or 
of the decision of the Industrial Commission after 
hearing upon review, providing for the payment of 
compensation according to this Act, to the Circuit 
Court of the county in which such accident occurred 
or either of the parties are residents, whereupon said 
court shall render a judgment in accordance there¬ 
with; and in case where the employer does not insti¬ 
tute proceedings for review of the decision of the 
Industrial Commission and refuses to pay compensa¬ 
tion according to the award upon which such judg¬ 
ment is entered, the court shall, in entering judgment 
thereon, tax as costs against him the reasonable 
costs and attorney fees in the arbitration proceed¬ 
ings and in the court entering the judgment, for the 
person in whose favor the judgment is entered, 
which judgment and costs, taxed as herein provided 
shall, until and unless set aside, have the same effect 
as though duly rendered in an action duly tried and 
determined by said court, and shall, with like effect. 


157 


be entered and docketed. The Circuit Court shall 
have power, at any time, upon application, to make 
any such judgment conform to any modification re¬ 
quired by any subsequent decision of the Supreme 
Court upon appeal, or as the result of any subse¬ 
quent proceedings for review, as provided in this 
Act. 

Judgment shall not be entered until fifteen days’ 
notice of the time and place of the application for 
the entry of judgment shall be served upon the 
employer by filing such notice with the Industrial 
Commission, which Commission shall, in case it has 
on file the address of the employer or the name and 
address of its agent, upon whom notices may bo 
served, immediately send a copy of the notice to the 
employer or such designated agent; and no judg¬ 
ment shall be entered in the event the employer 
shall file with the said Commission its bond, with 
good and sufficient surety in double the amount of 
the award, conditioned upon the payment of said 
award in the event the said employer shall fail to 
prosecute with effect proceedings for review of the 
decision or the said decision, upon review, shall be 
affirmed. 

(h) An agreement or award under this Act, pro¬ 
viding for compensation in installments, may a*t any 
time within eighteen months after such agreement or 
award be reviewed by the Industrial Commission at 
the request of either the employer or the employee, 
on the ground that the disability of the employee has 
subsequently recurred, increased, diminished or end¬ 
ed; and on such review, compensation payments may 
be re-established, increased, diminished or ended: 
Provided, that the Commission- shall give fifteen 
days’ notice to the parties of the hearing for review: 
And, provided, further, any employee, upon any 
petition for such review being filed by the employer, 
shall be entitled to one day’s notice for each one hun¬ 
dred miles necessary to be traveled by him in attend¬ 
ing the hearing of the Commission upon said petition 


158 


and three days in addition thereto, and such em¬ 
ployee, shall, at the discretion of the Commission, 
also be entitled to five cents per mile, necessarily 
traveled by him in attending such hearing not to ex¬ 
ceed a distance of 300 miles, to be taxed by the Com¬ 
mission as costs and deposited with the petition of 
the employer. 

(i) Each party, upon taking any proceedings or 
steps whatsoever before any arbitrator, committee of 
arbitration, Industrial Commission or court, shall file 
with the Industrial Commission his address, or the 
name and address of an agent upon whom all notices 
to be given to such party shall be served, either per¬ 
sonally or by registered mail addressed to such party 
or agent at the last address so filed with the In¬ 
dustrial Commission: Provided, that in the event 
such party has not filed his address, or the name and 
address of an agent, as above provided, service of 
any notice may be had by filing such notice with the 
Industrial Commission. 

(j) Whenever in any proceeding testimony has 
been taken or a final decision has jaeen rendered, and 
after the taking of such testimony, or after such 
decision has become final, the injured employee dies, 
then in any subsequent proceeding brought by the 
personal representative or beneficiaries of the de¬ 
ceased employee, such testimony in the former pro¬ 
ceeding may be introduced with the same force and 
effect as though the witness having so testified were 
present in person in such subsequent proceeding and 
such final decision, if any shall be taken as a final 
adjudication of any of the issues which are the same 
in both proceedings. 

(k) In any case where there has been any un¬ 
reasonable or vexatious delay of payment or inten¬ 
tional underpayment of compensation, or proceedings 
have been instituted or carried on by the one liable 
to pay the compensation, which do not present a real 
controversy, but are merely frivolous or for delay, 
then the Commission may award compensation ad- 


159 


ditional to that otherwise payable under this Act 
equal to fifty percentum of the amount payable at the 
time of such award. (Amended by Act approved 
June 28, 1919. 

§ 20. Industial board to report to governor.] 
The Industrial Board shall report in writing to the 
Governor on the 30th day of June, annually, the de¬ 
tails and results of its administration of this Act, in 
accordance with the terms of this Act, and may pre¬ 
pare and issue such special bulletins and reports 
from time to time as in the opinion of the board, 
seems advisable. 

§ 21. Award not subject to lien—lien where 
employer insolvent—death.] No payment, claim, 
award or decision under this Act shall be assignable 
or subject to any lien, attachment or garnishment, or 
be held liable in any way for any lien, debt, penalty 
or damages. A decision or award of the Industrial 
Commission against an employer for compensation 
under this Act, or a written agreement by an em¬ 
ployer to pay such compensation shall, upon the 
filing of a certified copy of the decision or said agree¬ 
ment, as the case may be, with the Recorder of Deeds 
of the County, constitute a lien upon all property of 
the employer within said county, paramount to all 
other claims or liens, except mortgages, trust deeds, 
or for -wages or taxes, and such liens may be en¬ 
forced in the manner provided for the foreclosure of 
mortgages under the laws of this State. Any right 
to receive compensation hereunder shall be ex¬ 
tinguished by the death of the person or persons en¬ 
titled thereto, subject to the provisions of this Act 
relative to compensation for death received in the 
course of employment: Provided, that upon the 
death of a beneficiary, who is receiving compensation 
provided for in section 7, leaving surviving a parent, 
sister or brother of the deceased employee, at the 
time of his death dependent upon him for support, 
who were receiving from such beneficiary a con¬ 
tribution to support, then that proportion of the 


160 


compensation of the beneficiary which would have 
been paid but for the death of the benefiiary, but in 
no event exceeding said unpaid compensation, wdiich 
the contribution of the beneficiary to the dependent’s 
support within one year prior to the death of the 
beneficiary bears to the compensation of the bene¬ 
ficiary within that year, shall be continued for the 
benefit of such dependents, notwithstanding the 
death of the beneficiary. (Amended by Act approved 
June 28, 1919. 

§ 22. Contract within seven days after injury 
presumed fraudulent.] Any contract or agreement 
made by any employer or his agent or attorney with 
any employee or any other beneficiary of any claim 
under the provisions of this Act within seven days 
after the injury shall be presumed to be fraudulent. 

§ 23. Waiver of provisions must be approved by 
industrial board.] No employee, personal repre¬ 
sentative, or beneficiary shall have power to waive 
any of the provisions of this Act in regard to the 
amount of compensation which may be payable to 
such employee, personal representative or beneficiary 
hereunder except after approval by the Industrial 
Board. 

§ 24. Notice of Accident.] No proceedings for 
compensation under this Act shall be maintained un¬ 
less notice of the accident has been given to the em¬ 
ployer as soon as practicable, but not later than 30 
days after the accident. In cases of mental incapacity 
of the employee, notice must be given within six 
months after such accident. No defect or inaccuracy 
of such notice shall be a bar to the maintenance of 
proceedings by arbitration or otherwise by the em¬ 
ployee, unless the employer proves that he is unduly 
prejudiced in such proceedings by such defect or 
inaccuracy. Notice of the accident shall state the 
name and address of the employee injured, the 
approximate date and place of the accident, if known, 
and in simple language the cause thereof; which 
notice may be served personally or by registered 


161 


mail, addressed to the employer at his last known 
residence or place of business: Provided, that the 
failure on the part of any person entitled to such 
compensation to give such notice shall not relieve 
the employer from his liability for such compen¬ 
sation, when the facts and circumstances of such 
accident are known to such employer, his agent or 
vice principal in the enterprise. No proceedings for 
compensation under this Act shall be maintained 
unless claim for compensation has been made within 
six months after the accident, or in the event that 
payments have been made under the provisions of 
this Act unless written claim for compensation has 
been made within six months after such payments 
have ceased and a receipt therefor or a statement of 
the amount of compensation paid shall have been 
filed with the Commission: Provided, that no em¬ 
ployee who after the accident returns to the employ¬ 
ment of the employer in whose services he was in¬ 
jured shall be barred for failure to make such claim 
if an application for adjustment of such claim is 
filed with the Industrial Commission within eighteen 
months after he returns to such employment and 
the said Commission shall give notice to the em¬ 
ployer of the filing of such application in the manner 
provided in this Act. (Amended by Act approved 
June 28, 1919. 

§ 25. HOW EMPLOYER MAY BE RELIEVED OF LIABILITY 

for compensation.] Any employer against whom 
liability may exist for compensation under this Act, 
may, with the approval of the Industrial Board, be 
relieved therefrom by: 

(a) Depositing the commuted value of the total 
unpaid compensation for which such liability exists, 
computed at three per centum per annum in the same 
manner as provided in section 9, with the State 
Treasurer, or county treasurer in the county where 
the accident happened, or with any State or National 
bank or trust company doing business in this State, 
or in some other suitable depository approved by the 


162 


Industrial Board: Provided, that any such de¬ 
pository to which such compensation may be paid 
shall pay the same out in installments as in this Act 
provided, unless such sum is ordered paid in, and is 
commuted to, a lump sum payment in accordance 
with the provisions of this Act. 

(b) By the purchase of an annuity, in an 
amount of compensation due or computed, under this 
Act within the limitation provided by law, in any 
insurance company granting annuities and licensed 
or permitted to do business in this State, which may 
be designated by the employer, or the Industrial 
Board. 

§ 26. Provision to be made by employer electing 

TO PAY COMPENSATION—APPROVAL OF INDUSTRIAL BOARD 
■—WHEN PROVISION NOT MADE OR NOT APPROVED-INSUR¬ 

ANCE liability—failure to comply.] (a) Any em¬ 
ployer who shall come within the provisions of sec¬ 
tion 3 of this Act, and any other employer who shall 
elect to provide and pay the compensation provided 
for in this Act shall: 

(1) File with the Commission a sworn state¬ 
ment showing his financial ability to pay the com¬ 
pensation provided for in this Act, or 

(2) Furnish security, indemnity or a bond guar¬ 
anteeing the payment by the employer of the com¬ 
pensation provided for in this Act, or 

(3) Insure to a reasonable amount his liability 
to pay such compensation in some corporation or 
organization authorized, licensed or permitted to do 
such insurance business in this State, or 

(4) Make some other provisions for the securing 
of the payment of compensation provided for in this 
Act, and 

(5) Upon becoming subject to this Act and 
therafter as often as the Commission may in writ¬ 
ing demand, file with the Commission in form pre¬ 
scribed by it evidence of his compliance with the 
provisions of this paragraph. 


163 


(b) The sworn statement of financial ability, or 
security, indemnity or bond, or amount of insur¬ 
ance, or other provisions, filed, furnished, carried, or 
made by the employer, as the case may be, shall be 
subject to the approval of the Commission, upon the 
approval of which, the Commission shall send to the 
employer written notice of its approval thereof. The 
filing with the Commission of evidence of compli¬ 
ance with paragraph (a) of this section as therein 
provided shall constitute such compliance until ten 
days after written notice to the employer of the 
disapproval by the Commission. 

(c) Whenever the Industrial Commission shall 
find that any corporation, company, association, ag¬ 
gregation of individuals, or other insurer affecting 
workmen’s compensation insurance in this State 
shall be insolvent, financially unsound, or unable to 
fully meet all payments and liabilities assumed or to 
be assumed for compensation insurance in this 
State, or shall practice a policy of delay or unfair¬ 
ness toward employees in the adjustment, settle¬ 
ment, or payment of benefits due such employees, 
the said Industrial Commission may after reasonable 
notice and hearing order and direct that such cor 
poration, company, association, aggregation of indi¬ 
viduals, or insurer, shall from and after a date fixed 
in such order discontinue the writing of any such 
workmen’s compensation insurance in this State. 
Subject to such modification of said order as the 
Commission may later make on review of said order, 
as herein provided, it shall thereupon be unlawful 
for any such corporation, company, association, ag¬ 
gregation of individuals, or insurer to effect any 
workmen’s compensation insurance in this State. 
Any such order made by said Industrial Commission 
shall be subject to review by the courts, as in the 
case of other orders of said Industrial Commission, 
provided that upon said review the Circuit Court 
shall have power to review all questions of fact as 
well as of law. 


164 


(d) The failure or neglect of an employer to 
comply with the provisions of paragraph (a) of this 
section shall be deemed a misdemeanor punishable 
by a fine equal to ten cents per each employee of 
such employer, at the time of such failure or neg¬ 
lect, but not less than one dollar nor more than 
fifty dollars, for each day of such refusal or neglect 
until the same ceases. Bach day of such refusal or 
neglect shall constitute a separate offense. (Amended 
by Act approved June 28, 1919.) 

§ 27. Not affect continuance of any existing 

INSURANCE, ETC.—NOT PREVENT EMPLOYER FROM IN¬ 
SURING—EMPLOYEE MAY INSURE FOR ADDITIONAL BENE¬ 
FITS.] (a) This Act shall not affect or disturb the 
continuance of any existing insurance, mutual aid, 
benefit or relief association or department, whether 
maintained in whole or in part by the employer or 
whether maintained by the employees, the payment 
of benefits of such association or department being 
guaranteed by the employer or by some person, firm 
or corporation for him: Provided, the employer con¬ 
tributes to such association or department an amount 
not less than the full compensation herein provided, 
exclusive of the cost of the maintenance of such 
association or department and without any expense 
to the employee. This Act shall not prevent the 
organization and maintaining under the insurance 
laws of this State of any benefit or insurance com¬ 
pany for the purpose of insuring against the com¬ 
pensation provided for in this Act, the expense of 
which is maintained by the employer. This Act 
shall not prevent the organization or maintaining 
under the insurance laws of this State of any volun¬ 
tary mutual aid, benefit or relief association among 
employees for the payment of additional accident or 
sick benefits. 

(b) No existing insurance, mutual aid, benefit 
or relief association or department shall, by reason 
of anything herein contained be authorized to dis¬ 
continue its operation without first discharging its 


165 


obligations to any and all persons carrying insur¬ 
ance in the same or entitled to relief or benefits 
therein. 

(c) Any contract, oral, written or implied, of 
employment providing for relief benefit, or insur¬ 
ance or any other device whereby the employee is 
required to pay any premium or premiums for in¬ 
surance against the compensation provided for in 
this Act shall be null and void, and any employer 
withholding from the wages of any employee any 
amount for the purpose of paying any such premium 
shall be guilty of a misdemeanor and punishable by 
a fine of not less than ten dollars nor more than one 
thousand dollars, or imprisonment in the county jail 
for not more than six months, or both, in the dis¬ 
cretion of the court. 

§ 28. In case of employer’s insolvency subro¬ 
gated TO HIS RIGHTS AGAINST ANY INSURANCE COM¬ 
PANY.] In the event the employer does not pay the 
compensation for which he is liable, then an insur¬ 
ance company, association or insurer which may 
have insured such employer against such liability 
shall become primarily liable to pay to the em¬ 
ployee, his personal representative or beneficiary the 
compensation required by the provisions of this Act 
to be paid by such employer. The insurance carrier 
may be made a party to the proceedings to which 
the employer is a party and an award may be entered 
jointly against the emploj^er and the insurance car 
rier. (Amended by Act approved June 28, 1919. 

§ 29. Where injury caused under circum¬ 
stances CREATING A LEGAL LIABILITY IN SOME PERSON 

other than the employer.] Where an injury or 
death for which compensation is payable by the em¬ 
ployer under this Act, was not proximately caused 
by the negligence of the employer or his employees, 
and was caused under circumstances creating a legal 
liability for damages in some person other than the 
employer to pay damages, such other person having 
also elected to be bound by this Act, or being bound 


166 


thereby under section three (3) of this Act, then the 
right of the employee or personal representative to 
recover against such other person shall be subro¬ 
gated to his employer and such employer may bring 
legal proceedings against such other person to re¬ 
cover the damages sustained in an amount not ex¬ 
ceeding the aggregate amount of compensation pay¬ 
able under this Act, by reason of the injury or 
death of such employee. Where the injury or death 
for which compensation is payable under this Act, 
was not proximately caused by the negligence of 
the employer or his employees and was caused under 
circumstances creating a legal liability for dam¬ 
ages on the part of some person other than the 
employer to pay damages, such other person having 
elected not to be bound by this Act, then legal pro¬ 
ceedings may be taken against such other person to 
recover damages notwithstanding such employer’s 
payment of or liability to pay compensation undei 
this Act, but in such case if the action against such 
other person is brought by the injured employee or 
his personal representative and judgment is obtained 
and paid, or settlement is made with such othei 
person, either with or without suit, then from the 
amount received by such employee or personal 
representative there shall be paid to the employer 
the amount of compensation paid or to be paid by 
him to such employee or his personal representative: 
Provided, that if the injured employee or his per¬ 
sonal representative shall agree to receive compen¬ 
sation from the employer or to institute proceedings 
to recover the same or accept from the employer 
any payment on account of such compensation, such 
employer shall be subrogated to all the rights of 
such employee or personal representative and may 
maintain, or in case an action has already been in¬ 
stituted, may continue an action either in the name 
of the employee or personal representative or in his 
own name against such other person for the re¬ 
covery of damages to which but for this section the 


167 


said employee or personal representative would be 
entitled, but such employer shall nevertheless pay 
over to the injured employee or personal representa¬ 
tive, all sums collected from such other person by 
judgment or otherwise in excess of the amount ot 
such compensation paid or to be paid under this 
Act, and all costs, attorneys’ fees and reasonable 
expenses incurred by such employer in making such 
collection and enforcing such liability. (Amended 
by Act approved June 25, 1917.) 

§ 30. Report of accident, etc., by employer to 
industial board.] It shall be the duty of every em¬ 
ployer within the provisions of this Act to send to 
the Industrial Board in writing an immediate report 
of all accidental injuries arising out of or in the 
course of the employment and resulting in death; it 
shall also be the duty of every such employer to re¬ 
port between the 15th and the 25th of each month to 
the Industrial Board all accidental injuries for which 
compensation has been paid under this Act, which 
injuries entail a loss to the employee of more than 
one week’s time, and in case the injury results in 
permanent disability, a further report shall be made 
as soon as it is determined that such permanent dis¬ 
ability has resulted or will result from such injury. 
All reports shall state the date of the injury, includ¬ 
ing the time of day or night, the nature of the em¬ 
ployer’s business, the name, address, the age, sex, 
conjugal condition of the injured person, the specific 
occupation of the injured person, the direct cause of 
the injury and the nature of the accident, the char¬ 
acter of the injury, the length of disability, and, in 
case of death, the length of disability before death, 
the wages of the injured person, whether compensa¬ 
tion has been paid to the injured person, or to his 
legal representatives or his heirs or next of kin, the 
amount of compensation paid, the amount paid for 
physicians’, surgeons’ and hospital bills, and by 
whom paid, and the amount paid for funeral or 
burial expenses, if known. The making of reports 


168 


as provided herein shall release the employer covered 
by the provisions of this Act from making such re¬ 
ports to any other officer of the State. 

§ 31. Who included in term “employer” — con¬ 
tracting WITH OTHERS TO DO THE WORK.] Any One 
engaging in any business or enterprise referred to 
in sub-sections 1 and 2 of section 3 of this Act who 
undertakes to do any work enumerated therein, 
shall be liable to pay compensation to his own im¬ 
mediate employees in accordance with the provisions 
of this Act, and in addition thereto if he directly 
or indirectly engages any contractor whether prin¬ 
cipal or sub-contractor to do any such work, he 
shall be liable to pay compensation to the employees 
of any such contractor or sub-contractor unless such 
contractor or sub-contractor shall have insured, in 
any company or association authorized under the 
laws of this State to insure the liability to pay 
compensation under this Act, or guaranteed his 
liability to pay such compensation. 

In the event any such person shall pay compen¬ 
sation under this section he may recover the amount 
thereof from the contractor or sub-contractor, if 
any, and in the event the contractor shall pay com¬ 
pensation under this section he may recover the 
amount thereof from the sub-contractor, if any. 

This section shall not apply in any case where 
the accident occurs elsewhere than on, in or about 
the immediate premises on which the principal has 
contracted that the work shall be done. (Amended 
by Act approved June 28, 1919.) 

§32. Right of action accruing before taking 

EFFECT OF THIS ACT-IF THIS ACT REPEALED, ETC.— 

CLAIM UNDER PREVIOUS ACT HOW ADJUSTED.] If any of 

the provisions of this Act providing for compensa¬ 
tion for injuries to or death of employees shall be 
repealed or adjudged invalid or unconstitutional, 
the period intervening between the occurence of any 
injury or death and such repeal or final adjudication 
of invalidity, shall not be computed as a part of the 


169 


time limited by law for the commencement of any 
action relating to such injury or death, but the 
amount of any compensation which may have been 
paid for any such injury shall be deducted from any 
judgment for damages recovered on account of such 
injury. Any claim, disagreement or controversy ex¬ 
siting or arising under “An Act to promote the 
general welfare of the people of this State, by pro¬ 
viding compensation for accidental injuries or death 
suffered in the course of employment,” approved 
June 10, 1911, in force May 1, 1912, shall be adjusted 
in accordance with the provisions of said Act, not- 
with standing the repeal thereof, or may by agree¬ 
ment of the parties be adjusted in accordance with 
the method of procedure provided in this Act for 
the adjustment of differences, jurisdiction to adjust 
such differences so submitted by the parties being 
hereby conferred upon the Industrial Board or com¬ 
mittee of arbitration provided for in this Act. 
(Amended by Act approved June 25, 1917.) 

§ 33. Penalties.] Any wilful neglect, refusal or 
failure to do the things required to be done by any 
section, clause, or provision of this Act, on the part 
of the person herein required to do them, or any 
violation of any of the provisions or requirements 
hereof, or any attempt to obstruct or interfere with 
any court officer, or any other person charged with 
the duty of administering or enforcing the provisions 
of this Act, shall be deemed a misdemeanor, punish¬ 
able by a fine of not less than $10.00 nor more than 
$500.00 at the discretion of the court. 

§ 33%. Name of act.] This Act may be cited as 
the Workmen’s Compensation Act. (Added by an 
Act approved June 28, 1915.) 

§ 34. Invalidity.] The invalidity of any portion 
of this Act shall in no way affect the validity of any 
other portion thereof which can be given effect with¬ 
out such invalid part. 

§ 35. Repeal.] That an Act to promote the gen¬ 
eral welfare of the State of Illinois by providing 


170 


compensation for accidental injuries or death suf¬ 
fered in the course of employment, approved June 
10, 1911, in force May 1, 1912, be, and the same is, 
hereby repealed. 


171 


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175 


4 


























176 


INDEX. 


General Mining Law— 

Section. Page. 

1. (a) State Mining Board. 19 

(b) Powers and duties of board. 19 

(c) Date and term of appointment. 20 

(d) . Supplies furnished by Secretary of State. . 20 

(e) Frequency of meetings. 21 

(f) Rule of procedure. 21 

(g) Compensation of members—salary of chief 

clerk. 21 

2. (a) Credentials . 21 

(b) Examination for Inspectors. 22 

(c) Names certified to the Governor. 23 

(d) Examination for mine managers. 23 

(d) For mine manager, second class. 23 

(e) Examinations for mine examiners. 24 

(f) Examinations for hoisting engineers.... 24 

(g) Examination papers preserved . 25 

3. (a) Certificates issued by the Board. 25 

(b) Record to be preserved. 25 

(c) Effect of certificates. 26 

(d) Unlawful to employ other than certifi¬ 
cated mine managers. 26 

(e) Unlawful to employ other than certifi¬ 
cated mine examiners. 26 

(f) Unlawful to employ other than certifi¬ 
cated hoisting engineer. 27 

(g) Temporary employment of uncertificated 

persons not extended. 27 

(h) Removal of inspectors. 27 

( i) Cancellation of certificates. 27 

4. Inspection districts . 28 

5. (a) Inspectors appointed. 28 

(b) County inspectors . 29 

(c) Bond . 29 

(d) Instruments .. 31 

(e) Examination of mines. 31 

(f) Scope of examination. 32 

(g) Authority to enter. 32 

(h) Procedure in case of objection. 33 

( i) Notices to be posted. 33 



































177 


INDEX—Continued. 

General Mining Law—C ontinued. 

Section. Page. 

( j) Sealer of weights. 33 

(k) Test weights . 34 

(l) Inspector’s annual reports. 34 

(m) Reports to be published. 34 

(n) Reports by operator.*. 35 

6. Pay of inspectors. 35 

7. (a) Maps required . 35 

(b) Surface survey . 36 

(c) Underground survey . 36 

(d) Maps for every seam. 36 

(e) Separate map for the surface. 36 

(f) The dip . 37 

(g) Copies for inspectors and recorders. 37 

(h) Annual surveys . 37 

( i) Abandoned mines . 38 

(j) Special survey . 38 

(k) Penalties for failure. 39 

8. Sinking subject to inspection. 39 

9. (a) Two places of egress. 40 

(b) Distance from main shaft. 41 

(c) Unlawful to employ more than ten men. . . 41 

(d) Stairways or cages. 41 

(e) Passageways to escapement. 42 

(f) Communications with adjacent mines. 42 

10. (a) Gates at landings.,. 43 

(b) Lights on landings. 43 

(c) Hoisting equipment . 44 

(d) Brake on drum—flanges—rope fastenings 

—indicator . 44 

(e) Signals . 45 

(f) Gauges . 46 

(g) Safety valves . 46 

(h) Inspector of boilers. 46 

( i) Run-around at bottom. 46 

( j) Refuge place on shaft bottom. 47 

(k) Obstructions in shaft. 47 

( 1) Inspection . 47 

11. (a) Buildings on the surface. 48 

(b) Oil and other explosives. 48 

(c) Engine and boiler house. 48 

12. (a) Top man and bottom man. 49 

(b) Speed of cages and other regulations. 49 

(c) Rights of men to come out. 49 

13. Safety Lamps . 50 











































178 


IN DEX—Continued. 

General Mining Law—C oncluded. 

Section. Page. 

14. Ventilation . 51 

15. (a) Refuge places, power haulage roads. 55 

(b) Refuge places—mule roads. 55 

(c) Room necks as refuge places. 55 

(d) Keeping refuge places clear. 55 

(e) Gob on haulage roads. 55 

16. Cars . 56 

17. (a) Voltage . 56 

(b) Wires crossing haulage roads. 56 

18. (a) Oil standards . 56 

(b) Brands of oil. 57 

(c) Penalty . .,. 57 

(d) Sampling and testing. 57 

19. (a) Amount of powder in mine. 58 

(b) Place and manner of keeping in the mine. 58 

(c) Manner of handling. 58 

(d) Quantity of powder in one charge. 59 

(e) Standard charger . 59 

(f) Dead holes . 59 

(g) Mixed shots . 60 

(h) Copper tools . 60 

( i) Tamping . 60 

( j) Use of squibs. 60 

(k) Warning before firing. 60 

( 1) Not more than one shot at a time. 60 

(m) Missed shots . 61 

20. Duty of mine managers. 61 

21. Certified mine examiners. 64 

22. Duty of hoisting engineer. 67 

23. Special rules . 68 

24. (a) Ten foot limit. 70 

(b) Approaching abandoned workings. 70 

25. (a) Duty of inspector. 70 

(b) Coroner’s inquest . 71 

(c) Investigation by inspection. 71 

26. Stretchers and blankets. 72 

27. (a) Scales . 72 

(b) Weighman . 72 

(c) Check weighman . 72 

28. Boys and women. 73 

29. Penalties . 73 

30. Definition of terms. 75 

31. Repeal . 76 












































179 


INDEX—Continued. 

Right of Eminent Domain— 

Section. Page. 

1. Road or railroad. 77 

2. Trespass, surveyor . 78 

3. Surveyor, powers, penalty. 78 

4. Examination, expenses . 78 

5. Trespass, penalty . 79 

6. Mining rights, conveyance . 79 

7. Mining rights, taxation . 79 

8. Lead mineral, record . 79 

9. Lead mineral, record, inspection. 79 

10. Lead mineral, purchaser, statement . 80 

11. Lead mineral, purchase . 80 

12. Lead mineral, purchase, penalty. 80 

Wages, Lien on Property— 

1. Laborer or miner’s Nvages, lien on all property. 81 

Miners Paid for All Coal Mined— 

1. Wages, payment . 81 

2. Investigation and prosecution. 81 

3. Violation, penalty . 82 

Shot Firers in Coal Mines— 

1. Shot firers furnished. 82 

2. When . 83 

3. Shot firers, notice, record. 8a 

4. Blasting . 83 

5. Drill holes, alteration. 84 

6. Unlawful shots . 84 

7. Unlawful shot, ordering. 84 

8. Violation, penalty . 8^ 

Fire Fighting Equipment— 

1. Requirements . 85 

2. Water supply, hose and pipe connections, 

automatic sprinkler, water barrels, chemi¬ 
cal fire extinguishers . 86 

3. Drainage, water pressure. 89 

4. Underground stables, hay, bedding and feed; 

light . 


90 





























180 


INDEX—Continued. 

Fire Fighting Equipment —Concluded. 

Section. Page. 

5. Telephone lines, notice of danger, rules and 

instructions, fire drill. 90 

6. Fireproof construction . 91 

7. Violation, complaints, penalties. 93 

Rescue Stations— 

1. Rescue stations, number. 95 

2. Commission, appointment, compensation. 95 

3. Station sites, cooperation. 96 

4. Plans, State architect. 96 

5. Superintendents and assistants, number, ap¬ 

pointment, instructions . 96 

6. Salaries . 97 

7. Commission, duty . 97 

8. Superintendents, duty . 97 

9. Biennial report . 98 

10. Appropriation . 98 

Miners'’ Examining Board— 

1. Certificates of competency, duplicates. 99 

2. (Repealed, See Civil Administrative Code).... 100 

3 and 4. (Repealed as above).100 

5. Organization, secretary, duties.100 

6. Examinations, time and place, notice.100 

7. Fees .101 

8. Examinations, certificates, record.101 

9. Annual report .102 

10. Violations, penalties .102 

11. Complaints and prosecution.103 

12. Oath, perjury .103 

13. Removal of Commissioners.103 

14. Invalidity .103 

15. Repeal .104 

Oil and Gas Wells— 

1. Wells, distance .104 

2. Statement, map, record.104 

3. Abandoned well, plugging.105 































181 


IN D EX—Continued. 

Oil and Gas Wells—C oncluded. 

Section. Page. 

4. Affidavit of plugging.105 

5. Fresh water, casing of.106 

6. Violations, penalties .106 

7. Emergency .107 

Coal and Other Mineral Peases to be Released of 
Record When Forfeited— 

1. Release, recording .107 

2. Mandamus, attorney’s fees.107 

Oil or Gas Leases to be Released of Record When 
Forfeited— 

1. Release, recording .108 

2. Mandamus, attorney’s fees.109 

Regulating the Character of Permissible Explo¬ 
sives— 

1. Permissible explosives, specifications.109 

2. Samples .110 

3. Place of testing.110 

4. Testing samples .110 

5. Violations, prosecutions .Ill 

6. Storing explosives .Ill 

7. Magazines, construction .Ill 

8. Misstamping, etc.Ill 

9. Penalties .Ill 

Regulating the Character of Black Powder Used 
in Mines— 

1. Black powder, specifications.112 

2. Stamping .113 

3. Unlawful sale, penalty.114 

4. Samples and tests.114 

Wash Rooms for Employees— 

1. Wash rooms, establishment.115 

2. Requirements .116 

3. Inspection .116 

4. Violation, penalty .116 

5. Second offense, etc., penalty.116 




























182 


INDEX—Continued. 

Capital Stock Ownership— 

Section. Page. 

1. Capital Stock, authority to own.117 

Mining Engineering— 

1. Department of Mining Engineering.117 

2. Courses of instruction.118 

3. Dissemination of scientific facts.118 

4. Appropriation .118 

5. Warrants .118 

Trespass and Intimidation— 

160. Intimidation, penalty .119 

268. Trespass, penalty .119 

Information— 

1. Information, duty of inspectors.119 

2. Expenses, payment .120 

Mining Investigation— 

1. Commission, appointment, powers and duties..120 

2. Witnesses, subpoenas, contempt, seal.121 

3. Organization, meeting, quorum, record. ..... .122 

4. Report, recommendations, termination of com¬ 

mission .122 

5. Expenses and compensation, stenographer.... 123 

6. Appropriation, warrants, printing.123 

Rules and Regulations Governing Examinations 124 

Workmen's Compensation— 

1. Elective as to certain employers, notice dura¬ 

tion and termination of election, liability.... 127 

2. (Repealed by Act of June 25, 1917.).129 

3. Compulsory upon extra hazardous employ¬ 

ment .129 

3i. Non-election notice, presumption, certificates. . 130 

4. Employer defined .131 

5. Employee defined .132 

6. Common law remedies.133 

7. Compensation for fatal injuries.133 

8. Compensation for non-fatal injuries.136 























183 


I N D EX—Concluded. 

Workmen’s Compensation —Concluded. 

Section. Page. 

9. Lump-sum settlement, petition, limitation.142 

10. Compensation, computation, basis.143 

11. Liability, limitation . :.145 

12. Physical examination .145 

13. Industrial Commission (Board).146 

14. Salaries .147 

15. Industrial Commission (Board), jurisdiction.. 147 

16. Rules and regulations, procedure, fees.14 8 

17. Blanks, records .149 

18. Disputed questions, jurisdiction .150 

19. Disputed questions, procedure, judgment, re¬ 

view .150 

20. Annual report .159 

21. Assignment of claim, insolvency, decease of 

claimant .159 

22. Fraudulent contracts .160 

23. Waiver .160 

24. Notice of accident or injury, claim for injury, 

limitation .160 

25. Release from liability.161 

26. Financial responsibility, security.162 

27. Insurance, relief benefit.164 

28. Subrogation, insurance companies.165 

29. Subrogation, third parties.169 

30. Accident reports.167 

31. Contractors and subcontractors, liability.168 

32. Deductions, disputed claims, jurisdiction.168 

33. Offenses, penalty .169 

33*. Short title .169 

34. Invalidity .169 

35. Repeal .169 

Tables of Compensation— 

Present values .171 





















































































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